Monday, March 31, 2008

Democrats: Act now on foreclosure crisis - Mar. 31, 2008

NEW YORK (CNNMoney.com) -- Senate Democratic leaders charged Monday that more needs to be done, and quickly, to address the foreclosure crisis that is sucking down the nation's economy.

On a conference call, Sen. Harry Reid, D-Nev., and Sen. Christopher Dodd, D-Conn., pledged to try to force a vote this week on legislation designed to help Americans remain in their homes.

"This is a pivotal week," said Dodd, the chairman of the Senate Banking Committee. "Failure to act is not an option. The problem is growing more serious by the hour and any delay is putting more homeowners in jeopardy."

Senate Democrats will try to win consideration for their Foreclosure Prevention Act, a bill aimed at helping families avoid foreclosure and to aiding the recovery of communities already harmed by the crisis. Republicans blocked an earlier attempt to debate the bill last month.

Dodd stressed the willingness of Congressional Democrats to work with Republicans to pass meaningful legislation, saying, "We welcome ideas from the other side. This is not a partisan issue. Our economy is in trouble."

Republicans indicate they're aware of the situation.

"It's going to be an important week on the committee," said Steve Wymer, an aide to Sen. Wayne Allard. "Senator Allard has always worked well with the Chair."

But Reid, the Senate Majority Leader, said that, up until the past few days, the White House has been unresponsive. The administration has repeatedly stood behind voluntary foreclosure rescue plans from lenders, rather than backing a comprehensive government-led assault.

And, "The Republicans in the Senate have stopped us from going forward with legislation, [but that] hands-off approach doesn't work," he said.

Reid also contrasted the administration's position with its quick action in helping out the struggling investment bank, Bear Stearns. "The federal government has provided assistance to Wall Street," he said. "Now, Congress must turn its attention to Main Street."

The mortgage crisis has extended well beyond the subprime loans that triggered it, according to Dodd.

He cited Bank of America in saying the situation will worsen later this year as rates reset for a record $362 billion in subprime, adjustable rate mortgages. Many will adjust to unaffordable levels for borrowers.

Dodd said that will lift already record foreclosure rates and further harm an economy which he believes is already in recession.

"Remember, this economic crisis has as its center a housing crisis," he said. "And the center of the housing crisis is the foreclosure crisis."

Both senators dismissed Treasury Secretary Henry Paulson's initiative, also announced Monday, to overhaul bank regulation in order to avoid future mortgage debacles. They said the reforms are welcome but will do nothing to address current problems.

"To talk about overhauling the regulatory system is a wonderful idea," said Dodd. "But, frankly, it doesn't relate to the issues that we're grappling with here, and the problems we've got to confront."

Dodd disputed the idea that earlier reform would have enabled the nation to avoid the foreclosure crisis. "That has nothing to do with it," he said.

The regulatory bodies have had the authority to regulate lending standards for years, according to Dodd, and simply chose not to.

"The failure is leadership, the failure of the administration to utilize the tools they've been given over the years to deal with the very practices that caused this problem.," he said. "That's the problem here, not reorganization of the regulatory system."

According to Wymer, however, regulation simply fell behind the vast and swift-moving changes in the financial markets.

Innovations in packaging, repackaging and marketing mortgage backed securities have left regulators to play catch up, the GOP aide said.

Speaking along with the senators was Jared Bernstein, an economist for the Economic Policy Institute, a liberal Washington think tank, who said any solution to the crisis should contain a three-pronged approach.

Help should not go to speculators; it should be funneled only to deserving homeowners, according to Bernstein. And he said aid should be given in ways that help markets quickly find their bottoms by encouraging mortgage servicers to lower mortgage balances to actual market values.

Solutions should also be structured conservatively so that good money will not be thrown after bad, in an effort to get into and out of the correction rapidly, Bernstein added.

"The big problem we're facing now is that the housing market has a unique characteristic," said Bernstein. "It takes a long time for price corrections to occur there, and the market can't clear until this correction is complete."

Plans like Dodd's, which calls for dropping mortgage balances down to what the homes are worth, facilitate the needed correction, according to Bernstein.

"In essence, the plan gives lenders the chance to take a quick hit versus the slow bleed that could end in foreclosure," he said. See Also

Source: Home Mortgage Rates and Real Estate News

West Palm Beach, Fla., to open foreclosure help center. - Mar. 31, 2008

WEST PALM BEACH, Fla. (AP) -- In a state where foreclosures are up nearly 70% from a year ago, this South Florida city is doing what it can to help keep people in their homes.

The city on Tuesday will open a foreclosure assistance center in partnership with the U.S. Department of Housing and Urban Development to help homeowners renegotiate mortgage payments, repair damaged credit, and, in some cases, provide a direct payment of $10,000 to people behind on their loans.

As housing markets slump nationwide, cities across the country are scrambling to work with residents who are in danger of losing their homes to foreclosures. Daylong fairs, where lenders and counselors offer advice to desperate homeowners, have occurred in Miami, Philadelphia, Boston, and dozens of other cities and towns.

In February, Florida trailed only Nevada and California in the percentage of homes in foreclosure. RealtyTrac Inc. said 32,447 homes were in foreclosure statewide in February, up more than 69% from February of last year and up more than 7% from January.

The new center in West Palm Beach will be free of charge and open weekdays. The $1 million program will be financed with $650,000 from a developer-funded city trust and about $350,000 in HUD grant money.

The center also will help financially stressed homeowners sell their homes through what's known as a "short sale," where the home is sold for less than the amount owed on the mortgage but a foreclosure is avoided.

The city has partnered with financial institutions to buy the homes, including BankAtlantic (BBX), Bank of America Corp (BAC, Fortune 500). and SunTrust Banks Inc (STI, Fortune 500).

"Then the city will place the purchased houses in our affordable housing program making potential buyers eligible for down payment and closing cost assistance," said city spokesman Chase Scott.

Added Mayor Lois Frankel: "For many, the national dream of home ownership has turned into a national nightmare of foreclosure." The center's intent, she said, is "to provide concrete solutions to the most daunting challenge facing America's families." See Also

Source: Home Mortgage Rates and Real Estate News

Home improvement on the cheap - Pro-style appliances (1) - CNNMoney.com

How to get top-shelf looks without spending top dollar on popular home-improvement projects.

Source: Home Mortgage Rates and Real Estate News

Thursday, March 27, 2008

Home prices pull down KB Home

LOS ANGELES (AP) -- Residential homebuilder KB Home said Friday it swung to a loss in the fiscal first quarter as weak home sales amid a worsening housing market forced the company to take a large writedown related to falling home prices.

Its shares fell 3% in premarket trading.

For the quarter ended Feb. 29, the Los Angeles-based company posted a loss of $268.2 million, or $3.47 per share, compared with a profit of $27.6 million, or 34 cents, a year earlier.

The latest period included a charge of $223.9 million in writedowns related to falling home prices.

Revenue tumbled 43% to $794.2 million from $1.39 billion last year.

Analysts surveyed by Thomson Financial were looking for a loss of $1.17 on revenue of $805.7 million. The earnings estimates typically exclude one-time items.

Its shares fell 77 cents to $25.02 in premarket trading.

Host of factors push down prices. Jeffrey Mezger, KB Home's president and chief executive, said a growing supply of unsold new and existing homes on the market, tight mortgage lending and industrywide discounting drove down sale prices and compressed margins during the quarter.

That forced the builder to take impairment charges and walk away from land option contracts.

"Until prices stabilize and consumer confidence returns, we believe inventory levels will remain significantly out of balance with demand," Mezger said in a statement. "We do not anticipate meaningful improvement in these conditions in the near term, as it is likely to take some time for the market to absorb the current excess housing supply and for consumer confidence to improve."

KB's unit deliveries fell 43% to 2,928, and the average selling price dropped 7% to $248,200.

Net orders plunged from a year ago. Net home orders totaled 1,449, down 75% from 5,744 net orders a year earlier. The sharp decline came as KB took steps to consolidate or pull out of some markets.

The cancellation rate was 53%, up from 34% in the year-ago quarter but down from 58% in the fourth quarter.

The company's backlog, or homes under contract yet to be delivered, fell during the quarter. As of Feb. 29, the figure stood at 4,843 units, down 57% from 11,183 units at the close of the same quarter last year.

KB was the latest builder to report a loss in the first quarter.

On Thursday, Miami-based Lennar Corp. (LEN, Fortune 500) reported a loss of $88.2 million, or 56 cents per share, in the three months ended Feb. 29 compared with profit of $68.6 million, or 43 cents, in the year ago quarter.

KB Home (KBH, Fortune 500) reported declines in sales, average selling price, home deliveries and new home orders during the quarter. See Also

Source: Home Mortgage Rates and Real Estate News

How to find a contractor you'll love

(Money Magazine) -- One upside to the popped real estate bubble is that hiring contractors has suddenly become a lot easier. A couple of years ago, it seemed like you had to be an A-list celebrity or a hedge fund tycoon to get one to so much as call you back. But with homeowners increasingly hesitant to plow big bucks into home improvement, even the best contractors might pick up your call before the second ring.

Still, just because he's responsive now doesn't mean he will be when you're in the middle of a project - or that he'll do quality work that's on time and on budget. So here are nine telltale signs, both good and bad, that you can watch for when you're interviewing any home improvement contractors, from roofers to foundation repairers.

Green light

While these indicators don't guarantee that you've found the next Norm Abram, they should give you confidence.

He has a good rep in the industry. You already ask friends and neighbors to recommend good contractors, but a more reliable source of referrals is other people in the trades: a plumber you love who raves about a general contractor, for example, or a great tile shop that suggests a tile setter.

They've done business with him, they know how well he plies his craft, and if they're willing to put their professional reputations on the line by vouching for him, they must like what they see.

His business card includes a local address. A tradesman who provides a physical address that's in your community is far less likely to disappear on you than someone whose true locale is hidden behind a post office box.

His list of references is a mile long. Even terrible contractors have had a few happy clients along the way - or have family members who can play the part when you call. The longer the list of references, the less likely it's rigged.

"Call a handful of them, skipping around the list," says Angie Hicks, the founder of angieslist.com, where (for a monthly fee of $4.50 to $8.75, depending on where you live) customers can praise or pan people they've worked with - and read one another's reviews.

Yellow light

There are some good-but-quirky tradesmen who exhibit the following traits. Think twice about hiring them unless every other indicator looks terrific.

He drives a rusted-out jalopy. A bucket of bolts that leaves an oil slick in your driveway doesn't bode well for the attention to detail or fiscal stability of the person driving it.

"That's not to say everyone has to ride around in a gleaming new truck," says Dick Mitchell, president of the New Orleans branch of the Better Business Bureau, the national nonprofit that lends its logo to participating companies meeting its standards (you can find a searchable list of member contractors at bbb.org). "But it should be clean and well maintained." Painted-on signs are better than magnetic ones, which are cheap and temporary.

He wants cash. Even if you don't care that he's shirking his taxes by taking cash (or a check made out to cash), consider what other costs he may be cutting - like licensing fees, insurance bills and skilled crew members.

To investigate a potential contractor's finances, look him up at contractorcheck.com, where (for $13) you can find information about his licensing, insurance and financial stability, as well as any legal actions against him.

He doesn't provide a cell number. Sure, you might find the rare contractor who has someone (probably his wife) manning his business line. But for the most part, the only way to quickly get hold of a tradesman is by cell phone. If he doesn't want to give out that number, it isn't because he's conserving his minutes - he doesn't want to be reachable.

Red light

If you see any of these signs, don't hire the guy - even if you've had good luck working with him before.

He wants to skip the permit - or have you apply for it. Any major improvement project legally requires a building permit, which means that inspectors will check the work. If a contractor wants to go without a permit, it means he'd rather not have anyone looking over his shoulder (other than you, but let's face it, you don't know what to look for).

If he wants you to apply for the permit yourself, it could be because he doesn't have the necessary state licensing - and it means you'd be the middleman between the inspector and contractor instead of letting them work things out directly.

He solicits business door to door. A paving contractor rings your bell to say he just did a job in the neighborhood, has extra materials and will cut you a rock-bottom deal if he can work on yours that afternoon. Sounds great, right?

Trouble is, you have no idea who he is or if he's going to do the job right. And if that new pavement starts cracking three weeks later, you'll never get him back to repair the damage.

He seems sleazy. Ultimately, you have to feel comfortable letting this person into your home. Clearly, you're not going to hand your house keys to someone who flips a cigarette butt into your azaleas or leers at your 16-year-old daughter.

But if he doesn't look you straight in the eye or you just have a gut feeling that something might be amiss, go ahead and cross him off your list. Nowadays, thankfully, there are plenty of contractors available to do the job.  See Also

Source: Home Mortgage Rates and Real Estate News

How the candidates think we can save housing - Mar. 27, 2008

NEW YORK (CNNMoney.com) -- The housing crisis took center stage in the presidential race this week. For good reason: Recent data show that nearly a million American households are at risk of foreclosure, 71% more than a year ago. Nearly 6% of all borrowers are past due on their mortgages.

And the presidential candidates are trying hard to convince voters that they have the best plan for fixing the problems. How do their plans compare?

The biggest difference between Republican John McCain and his Democratic rivals Barack Obama and Hillary Clinton is over the government's role.

The Democratic candidates argue that if the Federal Reserve can back the purchase of Bear Stearns with $29 billion, then the federal government can also lend a hand to struggling homeowners.

But McCain contends that the Fed's intervention in the financial markets was designed to stabilize Wall Street - which in turn will help stabilize the mortgage market and therefore help borrowers.

"Government assistance to the banking system should be based solely on preventing systemic risk that would endanger the entire financial system and the economy," McCain said in a speech this week.

He called on lenders to do for borrowers what they are asking the government to do for them.

"They've been asking the government to help them out," McCain said. "I'm now calling upon them to help their customers, and their nation out. It's time to help American families."

Dems find some common ground

While there are differences in the housing proposals of Obama and Clinton, they share certain similarities.

The two Democrats, who remain in a heated contest ahead of the Pennsylvania primary on April 22, both say they support congressional proposals that would provide incentives for government-approved lenders refinance troubled mortgages below a home's appraised value for homeowners who can't make their payments.

The Federal housing Administration would insure loans that lenders have already written down to affordable levels for the borrower. That insurance would provide 100% protection to lenders if a loan goes south. The loans could be then sold into the secondary market. The idea is that investors would be more willing to buy them because their worth would be more easily ascertained since the loans would have been made affordable to the borrower.

The borrowers, in turn, will pay premiums to the FHA for the insurance and they would share at least a portion of any equity appreciation with the FHA when they eventually sell the home.

"[I]t offers a responsible and fair way to help bring an end to the foreclosure crisis. It asks both sides to sacrifice, while preventing a long-term collapse that could have enormous ramifications for the most responsible lenders and borrowers, as well as the American people as a whole," Obama said in a speech in New York on Thursday.

They call for government funding

Clinton and Obama have also both called for government money to provide housing aid.

Obama wants a $10 billion foreclosure prevention fund to help homeowners who are victims of mortgage fraud to help them sell their homes or modify their loans to help them avoid foreclosure and bankruptcy.

For her part, Clinton says the federal government should provide $30 billion to finance an Emergency Housing Fund to help local governments purchase and resell or rent foreclosed, vacant properties.

Unlike Obama, Clinton says lenders should implement a 90-day moratorium on foreclosures to allow borrowers time to work out modifications with loan servicers and freeze the interest rates on subprime adjustable rate mortgages for at least 5 years.

She has also said that if the FHA proposal to encourage lenders to modify mortgages doesn't alleviate pressure on the housing market, the government should be ready to do more.

"[G]iven the severity of today's housing crisis, simply facilitating this auction process might not be enough to get our economy moving again," Clinton said in a speech earlier this week.

Her recommendation: the FHA or an entity like it should be ready to buy, restructure and resell mortgages in which borrowers now owe more on their homes than they're worth.

Such a program could be self-financing in the long run if the government buys the loans from lenders at a steep discount, restructures them to affordable levels for the borrowers and sells them back into the secondary market at a higher price.

Overall, the differences in the Democratic candidates' approach are a matter of degree.

"Clinton's proposals are more populist and more aggressive - Obama's don't go as far and aren't as detailed," said Brian Gardner, a political analyst with Keefe, Bruyette and Woods. See Also

Source: Home Mortgage Rates and Real Estate News

Former center of subprime boom struggles with bust - Mar. 27, 2008

IRVINE, Calif. (CNNMoney.com) -- The subprime mortgage meltdown has shaken the entire U.S. economy. But nowhere might the impact be as stark as Irvine, California, a planned community nestled between Los Angeles and San Diego.

A year ago at this time, Irvine was home to 18 subprime lenders, including many of the leaders in the field, such as New Century Financial and Option One. Then, in what seemed like the blink of an eye, 4,100 good-paying white collar jobs were gone, or roughly 2% of the city's work force.

And while that may not sound like a huge number of jobs lost, the ripple effects of the collapse of what was once a vibrant industry has extended far beyond the mortgage lending arena.

Irvine had become the center of the subprime industry almost by accident. As the business of writing mortgages to riskier borrowers grew rapidly in the middle of the decade, many top employees at the established subprime firms struck out on their own, setting up shop nearby.

There were other major subprime lenders who were also nearby to Irvine, including Ameriquest Mortgage in Orange. Even the lenders in the field that didn't have their headquarters in or near Irvine had offices in the area to try to tap into the talent pool it had to offer.

But the industry imploded even faster than it grew. New Century, which had been the nation's No. 2 subprime lender with $51.6 billion in those loans, filed for bankruptcy last April and essentially halted operations a month later. Option One, a unit of H&R Block (HRB, Fortune 500), closed down late last year once efforts to sell to Cerberus Capital Management fell through.

"Honestly, some people are still sitting here with their jaws dropping, saying 'How did it happen?' It was just so fast," said Jacquie Ellis, CEO of the Irvine Chamber of Commerce. "Typically when you have a downturn, it's a slow decline. That's not what happened here."

Many of those who worked in the industry, top executives who had hundreds of people reporting to them, are still struggling to get by..

Kent Cope, a veteran of the industry, was the senior vice president and director of western sales at First NLC Financial Services until its owner, Friedman, Billings, Ramsey Group (FBR), shut the unit in August. He's still looking for work. His wife Mysti, whom he met when they both worked at New Century, had been vice president of e-commerce customer service until New Century laid off most of its staff last May.

By the end of the year, almost 9,000 subprime jobs were gone from Orange County. Many of these people have been unable to find new jobs. And economic officials say that was only part of the economic pain.

Suppliers and service firms from hotels and restaurants to printers and software developers that had come to depend on the lenders for a bulk of their business have had to cut staff as well.

Ellis said one hotel in town has lost $1 million in annual bookings as a result of the subprime collapse. And small businesses, such as local trophy shops that produced the monthly sales awards, have been hurt.

"Everybody was riding high, it was like fat city," said Ellis. "All of a sudden you look around and think, 'Joe across the street lost his job,' or 'Oh my gosh, Sally next door lost their job.'"

Today, the office towers in central Irvine that used to house lenders like New Century and Option One have floor after floor of empty offices. The Chamber of Commerce estimates that 20% of the city's Class A office space is empty, a record high.

"We've had a lot of interest, but my sense is many companies want to wait and see how bad the economy gets before they jump back in," said Gary Bingham, the chamber's vice president of economic development.

But what is clear to everyone is that subprime lenders won't be the ones coming back to fill the void they left, even when the economy picks up. See Also

Source: Home Mortgage Rates and Real Estate News

Wednesday, March 26, 2008

Mortgage rates mixed - Mar. 27, 2008

NEW YORK (CNNMoney.com) -- Mortgage rates were mixed this week as the index of leading indicators fell for the fifth straight month, home prices continued their decline and consumer confidence reached a 5-year low, Freddie Mac reported Thursday.

The government-sponsored loan buyer said 30-year fixed-rate loans averaged 5.85% for the week ending Thursday, down from 5.87% last week.

Last year at this time, the 30-year rate averaged 6.16%, Freddie Mac said.

"Long-term mortgage rates were mixed, but relatively unchanged in the past week as the latest economic indicators came in much as expected," said Freddie Mac (FRE, Fortune 500) vice president and chief economist Frank Nothaft in a statement Thursday.

"On the housing front, house prices keep declining across the nation," Nothaft added. "Lower prices improve affordability and the National Association of Realtors reported that its home affordability index was at the highest level in nearly five years, contributing to a pickup in existing home sales in February."

Freddie Mac also said 15-year fixed-rate loans averaged 5.34%, up from 5.27% last week. A year ago, the 15-year rate averaged 5.86%.

Rates on five-year adjustable-rate mortgages (ARMs) averaged 5.67%, up from 5.56% last week. A year ago, the 5-year rate averaged 5.88%.

One-year Treasury-indexed ARMs averaged 5.24%, up from 5.15% last week. At this time a year ago, the 1-year ARM averaged 5.43%.

Have you lost your job, your business or your home? Are you raiding retirement accounts to pay the bills? We want to hear from you. Tell us how you're being affected by the weakening economy and you could be profiled in an upcoming story. Send emails to realstories@cnnmoney.com.  See Also

Source: Home Mortgage Rates and Real Estate News

Dallas-Fort Worth, Texas grows more than any other U.S. city - Mar. 27, 2008

NEW YORK (CNNMoney.com) -- More people moved to Dallas-Fort Worth, Texas, than to any other metropolitan area in the United States last year.

The population there increased by 162,250 between July 1, 2006, and July 1, 2007, according to a new U.S. Census Bureau report. Atlanta, Phoenix and Houston also saw their ranks swell by more than 100,000 people each.

The census measures metro areas with the biggest population increases, as well as the fastest-growing metro areas.

But the survey actually shows slower growth compared to previous years, according to William Frey, demographer at the Brookings Institution in Washington, D.C.

"The big story in these numbers is that they are putting the breaks on the fast growth," said Frey. The effects of the slowing economy and the housing crunch began to set in during the first half of 2007, and will be more pronounced in the next census.

"When these numbers come out next year, we will see the continuation of this meltdown," Frey added.

Palm Coast, Florida was the fastest growing U.S. metropolitan area, expanding at a clip of 7.2%.

St. George, Utah; Raleigh-Cary, N.C.; and Gainesville, Ga., were also among the fastest growing metropolitan areas in the United States.

Indeed, eight out of the top ten fastest growing metro areas were located in the South, and the South also accounted for more than half of the 50 fastest growing regions.

The Sunbelt is the fastest growing part of the country because in large part thanks to its lower cost of living - from housing and groceries to taxes. The region has been one of the fastest growing for years now, says Frey and, "growth breeds more growth." As more people move to an area, there is increasing demand for goods and services, which creates more jobs.

A few cities were among both the fastest growing and the areas with the biggest population jumps. And two of those double-hitters were in North Carolina. Raleigh, N.C., was the third fastest-growing metro area, up 4.7%, and ranked 12th with a population gain of 47,052. Charlotte, N.C., was the 7th fastest-growing metro area, up 4.2%, and ranked 6th with a gain of 66,724.

Raleigh and Charlotte have been growing rapidly for close to 30 years, according to Bill Tillman, state demographer of the North Carolina Office of State Budget and Management. Research Triangle Park, a science and technology hub, and the increasing number of national banks based in Charlotte are the area's biggest draws.

New Orleans was the 8th fastest-growing metro area, with a 4% population gain that meant 39,885 people moved back into the city. The area had seen the largest drop in population for the period between July 1, 2005, and July 1, 2006, after Hurricane Katrina.

Frey expects to see growth continue in the Southeast - expanding further into the less developed parts of South Carolina and Tennessee - and into the West, particularly in the interior parts of California, Arizona, and Colorado.

The U.S. Census bureau grouped counties into 363 metropolitan areas across the country. Those metropolitan areas contained 251.9 million people, or 83.5% of the nation's population. See Also

Source: Home Mortgage Rates and Real Estate News

New Century faulted for improper accounting - Mar. 26, 2008

LOS ANGELES (AP) -- Bankrupt mortgage lender New Century Financial Corp. used improper accounting practices while making risky loans, creating "a ticking time bomb" that led to the company's rapid downfall, a court examiner said in a report released Wednesday.

Michael J. Missal concluded that New Century engaged in at least seven improper accounting practices in 2005 and 2006.

Missal also found that senior management at the Irvine, Calif.-based lender failed to take appropriate steps to manage rising risks caused by the company's aggressive approach to originating loans, often to borrowers who couldn't afford them.

In addition, the examiner said New Century's accounting firm, KPMG LLC, enabled some of the improper accounting practices to continue.

New Century declared bankruptcy in April 2007, becoming one of the first major lenders to fail during the housing crunch.. See Also

Source: Home Mortgage Rates and Real Estate News

Chances rise for federal help for troubled homeowners - Mar. 26, 2008

NEW YORK (CNNMoney.com) -- The federal government is keeping Bear Stearns out of bankruptcy. Are you next?

Momentum for federal assistance to struggling homeowners, a non-starter with the Republican administration and many members of Congress only a few months ago, has picked up steam in Washington.

The tipping point came March 16, when the Federal Reserve agreed to back up to $30 billion in Bear Stearns (BSC, Fortune 500) losses as part of JPMorgan Chase's (JPM, Fortune 500) fire sale purchase of Bear Stearns. (The Fed cut its guarantee by $1 billion earlier this week when JPMorgan boosted its offer for Bear.)

"I think there's a growing populist feeling that if you're going to bail out Bear Stearns you better bail out individuals," said Greg Valliere, political economist with the Stanford Group, a Washington think tank.

The Bear Stearns deal isn't the Fed's only direct exposure to the problems in the financial markets either.

The Fed also announced earlier this month that it would make billions in loans directly to Wall Street firms at the Fed's so-called discount rate, a right previously reserved for commercial banks. In addition, the Fed has said it will now accept troubled mortgage-backed securities as collateral on up to $200 billion in loans to Wall Street.

But some economists think the Fed's moves are only the beginning. Mark Zandi, chief economist with Moody's Economy.com., said he thinks the Fed is telling the presidential administration that more needs to be done to fix the mortgage mess.

Using FHA to help borrowers

Valliere said that the idea gaining the most support is a plan from Senate Banking Chairman Chris Dodd and House Financial Services Chairman Barney Frank. Both are Democrats.

The proposal, likely to be introduced soon after Congress returns from the Easter recess next week, would have the Federal housing Administration guarantee hundreds of billions of new, lower-cost loans to troubled homeowners. Many borrowers would see their total principal on these new mortgages reduced under this program.

According to an outline of this bill, homeowners could receive $30 billion in mortgage interest subsidies. But it's uncertain just how much this proposal will ultimately cost taxpayers because it depends on what will happen to the housing market going forward.

The bill would also benefit mortgage lenders and investors in many mortgages since it could prevent a wave of foreclosures. While lenders and mortgage holders would receive less than what is currently owed on the loans with the biggest risk of default, they would receive significantly more than they could hope to recover if the loan goes through the foreclosure process and the home is sold at a sharp discount. In other words, something is better than nothing.

With this in mind, some economists believe the Dodd-Frank proposal could cost more than $100 billion. This is obviously a pretty large number and because of this, there is a debate over whether taxpayer money should be used to bail out the relatively small percentage of homeowners that have run into problems paying their mortgages.

Some opposition to bailout

A poll by CNN in December found Americans almost evenly split on the idea of using federal dollars to help out struggling homeowners, with 51% supporting some kind of help and 46% opposed.

The poll also found that 51% believed the borrowers who were in trouble had only themselves to blame, while 46% believed they were victims of bad lending practices. The tide was overwhelmingly against helping out mortgage lenders, with 72% opposed and only 26% supporting.

But that poll was taken before job losses and other signs that the U.S. economy had fallen into recession. Congress has also stepped in since then with at $170 billion economic stimulus package that won wide bipartisan support, while the Federal Reserve has slashed interest rates three times this year to try and get the economy back on track.

On March 17, the day after the Bear Stearns deal was announced, Dodd told reporters he believed there was now "a greater deal of receptivity to this idea" from the Fed and presidential administration than there was before the Bear Stearns bailout.

The support for the mortgage bailout won't be as widespread as it was for the economic stimulus package, nor will it be enacted nearly as quickly as that bill, which went from early discussions to being signed into law in just about a month.

"It's going to be a tougher sell, just because this is messy, complicated. Giving a tax rebate is simple," said Zandi. "But it may be just as important if not more important, to the economy."

Where the administration stands

The idea of mortgage lenders agreeing to cut the amount owed to them has already won support from the Office of Thrift Supervision, the agency which regulates savings and loans firms. Fed Chairman Ben Bernanke also said in a speech earlier this month to community bankers that he is in favor of such a plan.

But neither the OTS nor Bernanke called for the FHA or other federal agency to take a direct role in negotiating new mortgages.

The administration hasn't commented directly on the Dodd-Frank plan. But President Bush said Tuesday that if there needs to be further action taken to help the economy, the administration will take it.

Treasury Secretary Henry Paulson expressed some caution Wednesday over some of the proposals now being floated by Democrats. But he said the administration is interested in finding solutions to help homeowners who can't afford mortgage payments that are resetting higher.

Paulson also suggested the administration is looking for ways to deal with the Democratic-controlled Congress on the issue.

"We will continue to pursue policies that strike the right balance: that do not slow the housing correction, yet also help avoid preventable foreclosures and unnecessary capital market turmoil," he said.

What the presidential candidates think

Sen. Barack Obama is one of the co-sponsors of Dodd's bill, and his rival for the Democratic nomination for president, Sen. Hillary Clinton, said she also supports it.

However, Clinton proposed a step beyond his plan Monday. She suggested having the FHA become a temporary buyer of so-called "underwater mortgages" -- loans where the principal is now more than a home's value.

Clinton has also talked about a new housing stimulus package to provide $30 billion directly to states and local governments to buy foreclosed or distressed properties. The cities and states could then resell the properties to low-income families or convert them into affordable rental housing.

Sen. John McCain, the presumptive Republican presidential nominee, also expressed a willingness to look at Democratic proposals in a speech about the economy Tuesday.

"I will not play election year politics with the housing crisis," he said. "I will evaluate everything in terms of whether it might be harmful or helpful to our effort to deal with the crisis we face now."

McCain cautioned he wasn't ready to sign onto a bailout, though.

"I have always been committed to the principle that it is not the duty of government to bail out and reward those who act irresponsibly, whether they are big banks or small borrowers," McCain said.

But Zandi, who is an economic advisor to McCain, said he believes McCain will support some kind of assistance to homeowners and borrowers.

"I think he...understands that the problems in the housing market are broad and deep and threaten the broader economy, and that there may be a role for the federal government to stem those losses," said Zandi, who cautioned he was not speaking on behalf of the McCain campaign.

Stanford Group's Valliere also said he doesn't believe McCain will be able to resist the growing tide to support federal help to troubled homeowners.

"You have to respect McCain's intellectual honesty on this but the Frank-Dodd bill is a steamroller that can not be stopped," he said. See Also

Source: Home Mortgage Rates and Real Estate News

Tuesday, March 25, 2008

100 best places to live and launch - 1. Bellevue, Wash. (1) - FORTUNE Small Business

Are job worries tempting you to start your own company? Check out FSB's 100 top picks and find the perfect place to build your dream.

Source: Home Mortgage Rates and Real Estate News

New home sales slip to 13-year low, but top forecasts. - Mar. 26, 2008

NEW YORK (CNNMoney.com) -- New home sales fell to their lowest level in 13 years in February, according to a key government report on the battered housing market released Wednesday.

February sales came in at a seasonally-adjusted annual rate of 590,000, the Census Bureau report showed, down 1.8% from a revised 601,000 in January and down 29.8% from a year earlier.

"Home sales rates are declining steadily, which overall suggests that the housing market is still struggling," said Weiss Research real estate analyst Michael Larson.

Though home sales slipped, the reading was still above the consensus forecast of 580,000, according to economists surveyed by Briefing.com.

Prices still falling

New home sales fell despite continued price declines. The median price of a new home sold in February was $244,100, down 2.7% from $250,800 a year earlier.

This decline in median price probably doesn't accurately capture the weakness in prices for new homes, since about three out of four builders have reported having to pay buyers' closing costs or offer other incentives, such as expensive features for free, in order to maintain sales.

"Falling prices are a double-edged sword," said National Association of Home Builders chief economist David Seiders. "Affordability of homes needs to be restored, but some prospective buyers stay away because they believe home prices will continue to go down further."

Prices have been driven down by the glut of new homes on the market.

Builders found it typically took 7.2 months to sell a completed home in the current market, according to the report.

The report showed 188,000 completed new homes available at the end of the month, bringing total inventory - including new homes under construction and not yet started - to 471,000. That equals a 9.8-month supply, which ties January for the highest supply since 1981.

Total inventory fell by 10,000 homes in the month, according to the Census Bureau, but the report does not include purchases that were cancelled and sent back to the builder.

"Inventories are still very high," said Seiders, who believes that inventories need to be whittled down to a five or six month supply to restore the balance to supply and demand.

More trouble

The report is the latest sign of trouble in the overall housing market.

On Monday, the National Realtors Association reported existing home sales rose only slightly despite the largest year-over-year price drop on record since the group began reporting that measure in 1999.

On Tuesday, the Standard & Poor's/Case-Shiller Home Price 10-city index showed a record 11.4% annual drop in prices, the lowest level since the index's creation in 1987.

With aggressive rate cuts by the Federal Reserve, as well as other measures to help boost the mortgage market, the U.S. government has taken swift action to correct the slumping housing market.

Still, prices may continue to fall.

"Further price cutting into early 2009 will be needed to stabilize the market," said Larson. "If you're buying today, you have to look at staying in that home for the long term if you want to see an appreciation in value." See Also

Source: Home Mortgage Rates and Real Estate News

Mortgage application volume rises, MBA says - Mar. 26, 2008

WASHINGTON (AP) -- Mortgage application volume rose 48.1% during the week ending March 21 compared with the previous week, according to the trade group Mortgage Bankers Association's weekly survey.

The MBA's application index increased to 965.9 from 652 the previous week.

Volume surged on an 82.2% increase in refinance application volume during the week. Purchase volume increased 10.6%.

Refinancings a key factor. Refinance applications accounted for 62% of all applications, after dipping below 50% last week for the first time all year. The refinance share of mortgage activity is at its highest since the week ending Feb. 8 when it accounted for 67.4% of mortgage activity.

The index peaked at 1,856.7 during the week ending May 30, 2003, at the height of the housing boom.

An index value of 100 is equal to the application volume on March 16, 1990, the first week the MBA tracked application volume. A reading of 965.9 means mortgage application activity is 9.659 times higher than it was when the MBA began tracking the data.

The survey provides a snapshot of mortgage lending activity among mortgage bankers, commercial banks and thrifts. It covers about 50% of all residential retail mortgage originations each week.

Application volume surged as fixed-rate mortgage interest rates declined. The average rate for traditional, 30-year fixed-rate mortgages sank to 5.74% from 5.98%. The average rate for 15-year fixed-rate mortgages, often a popular option for refinancing a loan, declined to 5.23% from 5.24%.

The average rate for one-year adjustable-rate mortgages continued to climb, rising to 7.02% from 6.99%. See Also

Source: Home Mortgage Rates and Real Estate News

Monday, March 24, 2008

California proposes tax relief for mortgage debtors - Mar. 25, 2008

SACRAMENTO (AP) -- The state Senate has approved a bill to help California homeowners whose lenders have forgiven part of their mortgage debt.

The bill would end a requirement that homeowners report that part of the loan that was forgiven as income on their tax returns.

Senator Mike Machado, a Democrat from Linden, says the bill would help in cases where there is a short sale, a loan modification or a loan refinance in which part or all of the debt is forgiven.

Paying the taxes can put a big burden on embattled homeowners.

The bill only applies to owner-occupied homes in which the debt is forgiven this year or last. State tax officials say it will help about 8,000 taxpayers.

Senators approved the bill unanimously. It now heads to the Assembly. See Also

Source: Home Mortgage Rates and Real Estate News

McCain open to variety of housing crisis ideas - Mar. 25, 2008

SANTA ANA, Calif. (AP) -- John McCain wants to leave the door open to a wide array of proposals to address the turmoil in home financing.

"I will not play election-year politics with the housing crisis," the certain Republican presidential nominee said in remarks prepared for delivery Tuesday to local business leaders south of Los Angeles. "I will evaluate everything in terms of whether it might be harmful or helpful to our effort to deal with the crisis we face now."

McCain seemed to suggest he would be open even to potential solutions that, perhaps, stray from the Republican party line, saying, "I will consider any and all proposals based on their cost and benefits" and "I will not allow dogma to override common sense."

But the small-government advocate and four-term Arizona senator also put restrictions on how far he was willing to go.

"I have always been committed to the principle that it is not the duty of government to bail out and reward those who act irresponsibly, whether they are big banks or small borrowers," McCain said. "Government assistance to the banking system should be based solely on preventing systemic risk that would endanger the entire financial system and the economy."

Showcases economy. In the midst of a weeklong western fundraising swing, the GOP's next standard-bearer was using the event in the Republican stronghold of Orange County to showcase his grasp of the country's economic troubles - and counter the notion that he's not up to the task of leading a nation on the brink of recession.

McCain has acknowledged in the past that he knows less about economics than he does about national security and foreign policy, and Democrats have seized on such remarks to argue that the Republican is a novice on bread-and-butter issues that voters care about most.

In recent weeks, the Democratic party has sought to portray McCain as in lockstep with President Bush on the economy, out of touch with challenges facing working families, and lacking a plan to help families struggling to stay in their homes.

McCain is seeking to prove his economic credentials - and to continue to generate buzz about his candidacy - as Democratic candidates Barack Obama and Hillary Rodham Clinton continue to fight for their party nomination.

With the outgoing chief executive of eBay Inc. (EBAY, Fortune 500), Meg Whitman, alongside him, McCain was opening the meeting with a nuts-and-bolts explanation of the conditions that caused the housing crisis and financial market problems.

"A lot of Americans read the headlines about credit crunches and liquidity crises and ask: 'How did we get here?"' McCain said.

Seeking to provide an answer, McCain said lenders became complacent as housing prices continued to rise, lowering their standards and lending money to people who couldn't pay it back. Some consumers, he said, bought homes they couldn't afford, betting they would reap the benefits later of higher home prices. Meanwhile, he said, the housing market lacked accountability and transparency, and "the initial losses spawned a crisis of confidence in the markets."

Temporary assistance. Looking to the future, McCain said any government assistance to alleviate the housing crisis must be temporary and should be accompanied by reforms that aim to make the system more transparent and accountable to prevent a repeat of the crisis. He said no assistance should be given to speculators, or people who bought houses to rent or as second homes.

In the short term, he called for the country's accounting experts to meet to discuss current accounting systems and said the country's top mortgage lenders should pledge do everything possible to help their cash-strapped but creditworthy customers.

"They've been asking the government to help them out," McCain said of lenders. "I'm now calling upon them to help their customers, and their nation, out." See Also

Source: Home Mortgage Rates and Real Estate News

Home prices post another record decline - Mar. 25, 2008

NEW YORK (CNNMoney.com) -- Residential real estate posted another record decline in January 2008, according to a survey released Tuesday.

The S&P Case/Shiller Home Price composite index of 20 key markets shows that home prices plunged 10.7% over the last 12 months, their lowest level since the index launched in 2000.

Of those 20 metro areas, 16 reported record annual low, with 10 cities posting double digit declines through the 12 months that ended in January.

The survey's 10-City composite index fell 11.4% year-over-year, its steepest decline since its inception in 1987.

"Unfortunately it does not look like early 2008 is marking any turnaround in the housing market, after the declining year recorded throughout 2007," says David M. Blitzer, Chairman of the Index Committee at Standard & Poor's.

The Case/Shiller indexes compare the sale prices of the exact same homes. The industry considers this survey to be among the most accurate snapshots of housing prices.

Las Vegas and Miami reported the weakest markets in January, with both cities posting annual declines of 19.3%. Phoenix was the second worst with a decline of 18.2%.

Washington and Minneapolis also registered double digit declines in January. See Also

Source: Home Mortgage Rates and Real Estate News

Indictments brought in mortgage fraud ring - Mar. 24, 2008

SACRAMENTO (AP) -- Federal prosecutors on Monday announced indictments in a mortgage scheme that siphoned off nearly $13 million in home equity and victimized more than 100 homeowners who had been seeking to avoid foreclosure.

Dozens of people in California and elsewhere lost their homes in the scam, which prosecutors say was led by Charles Head of La Habra. He and 18 others face allegations that they preyed on homeowners who were struggling to make payments on adjustable-rate and other mortgages.

Under the scam, homeowners facing foreclosure were promised lower house payments and even cash upfront to help pay bills if they agreed to add another name to their home's title. The victims were led to believe they were paying rent to the investor while they got their finances back in order.

According to the unsealed indictments, Head and the others actually used the scheme to switch the names on the titles, take control of the homes, refinance them and walk away with whatever equity homeowners had built up.

If convicted, Head faces up to 20 years in prison. The others, including his friends and members of his family, face up to 15 years. Head is in custody in Southern California awaiting extradition to Sacramento and does not yet have a lawyer.

Prosecutors say additional indictments are likely as they continue investigating the brokers, loan officers and banks that did business with Head Financial Services.

"The issue of mortgage fraud has become a major national legal and economic problem," U.S. Attorney McGregor Scott said during a news conference announcing the indictments. "We here in the Central Valley of California have experienced the problem firsthand as record numbers of homes go into foreclosure, in large part due to fraudulent activities."

Scott said the so-called "equity stripping" scheme amounted to a second phase of mortgage fraud. It compounded the problems stemming from suspect lending practices that put many families into homes they could not afford.

In all, prosecutors say Head defrauded 115 financially strapped homeowners in 22 states of at least $12.6 million. The fraud began in 2004 as the red-hot housing market peaked and continued through 2006 as homeowners began facing ballooning payments on adjustable-rate and interest-only loans.

Victims ranged from first-time home buyers to the elderly, said Assistant U.S. Attorney Ellen Endrizzi. The scam cost 90 percent of the victims their homes, she said.

Others were able to keep them but were left with even more debt and credit problems.

If there was a common theme among the victims, Endrizzi said, they were all "people who were desperate and seeing this as a last-ditch effort and were counting on that," she said. See Also

Source: Home Mortgage Rates and Real Estate News

Home loan banks get $100B in extra mortgage-buying power. - Mar. 24, 2008

WASHINGTON (AP) -- The Federal Home Loan Bank system can increase purchases of Fannie Mae and Freddie Mac securities by $100 billion over two years in the latest government effort to stabilize the devastated market for mortgage-backed assets.

The 12 regional banks in the system can up purchases of securities issued by the two government-sponsored companies to 600% of capital from 300%, the Federal housing Finance Board, which oversees the banks, said Monday.

The aim is to inject liquidity into a market that has seized up amid a global credit crunch sparked by the U.S. housing market downturn.

The move "to enable the Federal Home Loan Banks to assist temporarily in this period of stress, consistent with safe and sound operations, will bring more liquidity to the mortgage market," Treasury Secretary Henry Paulson said in a statement.

Created by Congress during the Depression, the self-funded home loan bank system has some 8,100 members around the United States: banks, savings and loans, and credit unions. Eight of every 10 U.S. financial institutions belongs to the home loan bank system.

Meanwhile, Fannie Mae (FNM) reported Monday that its serious delinquency rate for home loans jumped .08% in January to 1.06% of the $2.9 trillion in mortgages it holds.

Mortgages are deemed seriously delinquent when the borrower has missed three or more consecutive monthly payments or the loan has been referred for foreclosure.

Last week, the government relaxed capital requirements for Fannie and Freddie (FRE, Fortune 500) as part of a plan to inject an additional $200 billion for financing home loans. The initiative requires the two companies to raise substantial funds, likely through special stock sales.

It was the third step the government has taken in recent weeks to allow Fannie and Freddie to shoulder larger burdens in the mortgage market despite their multibillion-dollar losses last quarter and expectations of further red ink this year. See Also

Source: Home Mortgage Rates and Real Estate News

Sunday, March 23, 2008

Unsold mega-mansions hit the auction block - Fort Lauderdale (1) - CNNMoney.com

Source: Home Mortgage Rates and Real Estate News

PennyMac to invest in shaky mortgages - Mar. 24, 2008

NEW YORK (AP) -- Investment management firms BlackRock Inc. (BLK) and Highfields Capital Management said Monday they are sponsoring a new company that will acquire and restructure distressed mortgages.

The new company, Private National Mortgage Acceptance Co. will be run by Stanford Kurland. Kurland served as president and chief operating officer of Countrywide Financial Corp., the nation's largest mortgage lender, until 2006.

Private National Mortgage, also known as PennyMac, will invest in and service resident mortgages on behalf of private investors. PennyMac will aim to avoid home foreclosures and instead restructure loans so borrowers can maintain payments.

Mortgage delinquency and default rates have risen rapidly since the middle of 2007, leading to a growing number of foreclosures. See Also

Source: Home Mortgage Rates and Real Estate News

Why it's not too late to refinance - Mar. 12, 2008

(Money Magazine) -- Earlier this year, when mortgage rates dipped below 6% for the first time since 2005, homeowners rushed to refinance costlier loans. In fact, more than six out of 10 mortgage applications so far this year have been for refis.

But lately mortgage rates have been on an uptick - the average 30-year fixed mortgage hit 6.2% by the end of February, up from 5.6% a month earlier.

Have you missed your chance to nab a cheaper home loan? Not necessarily. Rates are still near historical lows, and besides, these days there are some compelling reasons to refinance beyond a lower rate. Here's how to tell if a refi makes sense for you.

You have an ARM or a jumbo loan Refinancing could still be a good move if you have adjustable rate mortgage (ARM) that's due to adjust this year, as 2.2 million homeowners do. True, your first adjustment may not feel so bad - a 4.5% rate may jump to 6%. But if inflation is coming back, as many economists believe, next year's markup could be grim - maybe 7% or higher - and you'll face the possibility of another increase every year thereafter.

With fixed rates at 6.2%, is saving a quarter point or so worth the anxiety? If you don't think so, refinance into a 30- year fixed-rate loan now. Another option, if you're likely to move in a few years: a five-year hybrid ARM. With recent rates around 5.6%, you'll likely save money - now and later.

You may also benefit from a refi if you have a large loan. Jumbo mortgages, normally about a percentage point higher than smaller loans, are about to get cheaper thanks to a new law that will hold the rate of some jumbos (loans of $417,000 to $730,000, depending on where you live) near that of all other mortgages.

Home prices are falling in your city If property values in your area are plummeting, you may find it tougher to refinance later on. You'll need at least 10% equity in your home (20% or more is better) to be approved for a refi in today's credit-crunchy environment.

To calculate your equity, get an estimate of your home's current value at zillow.com or find out what comparable homes have been selling for from a local broker. Your equity is what you have left over when you subtract your loan balance from your home's price.

You look good to lenders You'll need a fairly pristine credit record to land a competitive rate - a FICO score of at least 680 to qualify and a score of 740 or higher for the best deals, says Keith Gumbinger, president of mortgage tracker HSH Associates (get your score for $16 at myfico.com).

You run a greater risk by waiting If you have a jumbo mortgage, you'll probably want to hold out until the summer, when banks will likely start rolling out lower-cost jumbo loans.

But if you are postponing a refi in hopes of future rate cuts, keep in mind the lessons of the past month, says Doug Duncan, outgoing chief economist of the Mortgage Bankers Association: Fixed mortgage rates won't necessarily follow the Fed's lead.

Bottom line: If you can get a good deal now, take it. See Also

Source: Home Mortgage Rates and Real Estate News

Thursday, March 20, 2008

Making work-outs more difficult - Mar. 20, 2008

NEW YORK (CNNMoney.com) -- Lenders claim they want to help troubled mortgage borrowers stay in their homes. But the reality is that many foreclosure prevention counselors are running into lots of obstacles.

That frustrates Gail Burks, who counsels homeowners in Las Vegas. "If the securities industry can do what they claim, why is it so time consuming and difficult on every case?" she asked.

Burks, who is president of the Nevada Fair housing Center and sits on the board of the National Community Reinvestment Coalition, started out fighting housing discrimination in 1993.

These days she devotes much of her work week to foreclosure prevention, a hot topic in Nevada, which now leads the nation in delinquency filings. Her job is to act as the middleman between the lenders, who want to protect their bottom lines, and homeowners desperate to hold onto their homes.

She often runs into problems as she tries to negotiate loan work-outs because most mortgages are packaged together and sold to investors. That makes it difficult to determine who owns the loans.

"You almost need a flow chart of potential investors so that you can call them. It's like trying to hit a continuously moving target," said Burks.

One couple's story

Take the case of one Las Vegas couple, who fell behind on their payments and faced foreclosure. For nearly two months Burks worked with them, and their lenders, to permanently lower their payments to affordable levels.

That task was challenging because it involved two different loans; the couple used a second mortgage, also called a piggy-back loan, to avoid having to come up with a down payment. Burks wanted to combine the two into a single loan and negotiate an interest rate reduction.

The primary loan, issued in 2005, was an adjustable rate mortgage (ARM) on a home purchase of $303,200. After two years, payments adjusted up from $1,667 to nearly $2,200 a month. The second loan was an adjustable rate home equity line of credit for about $61,000.

The couple could afford the original payments on the loans, but they told Burks that they didn't realize that their primary mortgage came with an adjustable rate that would reset higher, although they were aware that their home equity line was adjustable.

Since the husband was an injured Iraq War vet, the Veteran's Administration stepped in to help negotiate a mortgage modification, but the lenders didn't co-operate. The VA gave the case to Burks.

A single mortgage servicer administered both loans, but they were owned by two different investors. That led to complications. The primary loan holder was amenable to changing the terms of the couple's mortgage, but the secondary lender, which held 20% of the debt, was not.

Burks could not get any answer as to why.

"They just flatly refused to say," she said. She offered to ensure the payments by having the borrowers set aside funds, in cashiers checks, made payable to the lender. She pledged to monitor payments on the modified loan for one year. But it was still no go.

Weeks went by. She made little headway. The couple fell $17,000 behind. Since they were pursuing a work-out, they weren't in danger of getting thrown out of the house, but the process was rough on everybody, including Burks.

A sticking point

Piggy-back, no-down loans are particularly vulnerable to default, because there's often little or no equity for owners to draw upon if they hit a rough financial patch. Indeed, the delinquency rate for them is growing much faster than for traditional mortgages, according to Keith Gumbinger of mortgage research firm HSH Associates, more than doubling since 2004.

And these secondary loans often complicate foreclosure prevention.

"Piggy-backs are hard to restructure because the two loan holders have competing interests," said real estate attorney, Don Lampe. Both lenders have to agree to any mortgage modifications. And secondary lenders often balk because, when a foreclosed home is sold, the owner of the first mortgage gets all of its debt repaid before the second gets a penny.

These days, "The second lender is not going to get a damn thing most of the time," said Gumbinger. "Even where house prices haven't fallen, the [foreclosure] costs eat up the home's value."

In the case of the Vegas couple, the home equity lender refused to agree to a loan modification and then, after weeks of negotiations, sold the loan to another lender, jeopardizing all of Burks' work.

"We then had to modify the two loans separately," said Burks, "and we're still awaiting paperwork on the modification for the second loan. At least the foreclosure is on hold."

The work-out she put together is a very good deal for the couple. The entire debt will be in a fixed-rate loan at 3.75% for five years. After that, Burks will work with them to refinance into a long-term, fixed-rate loan .In addition Burks succeeded in getting all fees and penalties waived.

It's nice to get a win, but once in a while, she'd like an easy one. See Also

Source: Home Mortgage Rates and Real Estate News

Wednesday, March 19, 2008

More troubled borrowers getting left behind - Mar. 20, 2008

HARTFORD, CT. (CNN) -- Yolanda Cruz knew soon after she refinanced her home two and a half years ago she had a problem.

She thought the $1,478 monthly payment quoted by her mortgage broker included taxes and insurance. In fact, Cruz says she asked the broker repeatedly if those costs were included and was reassured they were.

"We just took his word for it, and unfortunately that's not what it was," Cruz said.

Soon, she began receiving tax bills from her town of East Windsor, Connecticut. She couldn't afford to pay them.

"I feel I was taken advantage of," Cruz said.

Cruz contacted her lender right away - the beginning of a two-year effort to renegotiate her mortgage. She called and wrote letters, and although the mortgage company told her they were willing to work with her, they wouldn't rework the loan or forgive any arrears.

She says the current loan servicer -- America's Servicing Company (ASC), sent her incomplete paperwork, and even seems to have lost one of her checks.

"When I try to call....I feel I'm getting the runaround first of all, and then we keep going back to the beginning every time."

Cruz, who sought help from the Connecticut Fair housing Center, tried for months to resolve the problem. All the while she continued to make the monthly payments at rate that she had agreed to in 2005, $1,478. The problem: That payment didn't cover her taxes or her insurance.

After filing mountains of paperwork, she thought she had a deal: a catch-up payment of $3,000 was supposed to save her house. She sent a bank check via registered mail to her servicer. According to Cruz, ASC said the check wasn't for the right amount and they would return it to her.

Cruz said she never got the check back. Instead, she was served with a foreclosure notice. On March 13, Cruz learned that the check had been cashed, but it was not clear who signed for it.

Her experience, say housing advocates, is typical of many who struggle to get the loan servicers to renegotiate loans that are no longer affordable.

"The problem is, the servicer doesn't have the power to renegotiate a loan," said Erin Kemple, the Connecticut Fair housing Center's Executive Director. "Because they don't actually own the loan [they can't] make changes to the payment plan."

Most mortgages, including the one held by Cruz and her husband, aren't owned by a single bank. Instead, they are packaged and sold to investors on the secondary market, which means that loan servicers are actually beholden to investors, not borrowers.

"All they are doing is managing this loan for a group of investors, so there's no way that the investors can be asked, 'Can we rest this loan?'" said Kemple.

Borrowers like Cruz may be offered a temporary repayment plan, which keeps foreclosure at bay, but tacks the owed money onto to the back of the loan.

"The payments in this kind of workout are unaffordable to the homeowner," said Diane Cipollone of the National Fair Housing Alliance. "And sometimes homeowners sign it anyway. They don't know what to do. They know that if they don't agree their home will go right into foreclosure. But soon they default on the repayment plan, and that's counterproductive."

And it's much harder for troubled borrowers to get a deal that permanently lowers their mortgage payments. The Hope Now Alliance of mortgage lenders and servicers, including Citigroup (C, Fortune 500), Bank of America (BOA) and J.P. Morgan (JPM, Fortune 500), says it has kept over one million borrowers out of foreclosure since July. But only about one quarter of them - 278,000 - have actually had the terms of their mortgages modified.

Faith Schwartz, Hope Now's Executive Director, says the number of loan modifications is increasing. But she admits the vast majority are not getting their payments reduced. "If it's appropriate, they are," she said. "The key here is that it's between the servicer and the borrower. Every circumstance is different."

Working out a new loan has also been a struggle for Odelle Boykin, a Connecticut home health care worker who housing advocates claim is a victim of a predatory lending.

Boykin says her mortgage broker promised her when she refinanced two years ago at a teaser rate she could afford that she could refinance again when the payments went up. She says when the loan was about to reset in October, with payments shooting up from $1,431 to $1,702 a month, she contacted the servicer, Freemont Investment & Loan, but the company told her it no longer handled refinancing. The payment is set to go up again next month.

"She was basically deceived," said Karen Nigol of the Housing Education Resource Center in Hartford. According to Nigol, Boykin would not have been able to afford the loan without earning more income than she did at the time of the loan application. Nigol says the mortgage broker listed Boykin as his employee on the application, even though she was unemployed.

"In fact, he said to her, 'Congratulations, you now work for me,' and put down an additional amount of income that really wasn't true," Nigol said.

Boykin, like Cruz, took money out of her house to pay bills or make improvements, but unlike many other homeowners in distress, both of their houses are still worth more than the amount they have borrowed.

Nigol says Boykin continued to pay each month at the lower rate of $1,431, but the servicer wouldn't accept her checks. "I just paid the regular amount and they weren't really satisfied with that because they kept asking for the higher amount," according to Boykin.

She then stopped paying, and is now being threatened with foreclosure.

A spokesman for Fremont, which services Boykin's loan, did not address the specific allegation that the mortgage broker had falsely reported Boykin's income on the loan application. Boykin never received a full copy of the loan application. The spokesman told CNN the company has forwarded her a proposed modification program and "...will be following up on the efforts made to reach the borrower directly to discuss the problem."

Cruz's loan servicer, America's Servicing Company, is owned by Wells Fargo (WFG) and said in a statement it "...cannot share specific customer loan information with anyone other than the customer. For the past several months, we have attempted to reach out to Mr. and Mrs. Cruz in an effort to resolve their situation, but have not had success in making contact with them."

With an apparent stalemate between lenders and borrowers, will people be forced to go into foreclosure or even to just walk away?

"Yes," said Connecticut Fair Housing's Erin Kemple. "The simple answer is yes." See Also

Source: Home Mortgage Rates and Real Estate News