Saturday, October 25th, 2008 at 8:10 AM
Trustee Sales Cancelling
We sure appreciate the website fidelityasap.com
They track the trustee sales, and post the results daily. They show a rolling 90-day calendar, with the current report running from September through November.
We know that the new state law has slowed the recording of new NODs, but what about those trustee sales already in process?
Looking at these zip codes, it appears that the whole system has bogged down, or some combination of short sales, loan modifications, and credit counseling has caused lenders to cancel or postpone the majority of sales:
Trustee-Sale Results
| Area & Zip Code | Back-to-Bene | Postponed | Cancelled | Scheduled | Totals |
| RSF 92067 | |||||
| CV 92130 | |||||
| CBD 92011 | |||||
| LJ 92037 | |||||
| ENC 92024 | |||||
| WRB 92127 | |||||
| CBD 92009 | |||||
| Totals |
To see the lenders cancel 33% (44 of 138) of the trustee sales is curious because they normally try to avoid cancelling at all costs. If they decide to re-start the proceeding they have to go back to the beginning and issue a new NOD (and be delayed by the new law).
WHY SO MANY CANCELLEDS? Are lenders being cautious, and purposely starting over because of the new law? Or are short sales/loan modifications working?
I checked the 46 cancelled addresses for activity on the MLS and tax rolls:
MLS Report of Cancelleds
| Status | # of listings |
| ACT | |
| PEND | |
| SOLD | |
| None | |
| Others |
The ‘others’ include those that sold on their own but not listed on MLS (one), or somehow cured their default, because their tax roll no longer shows the notice of trustee sale. If we accept that the lenders have backed off of half of the cancelleds (the 23 that are either ACT, PEND, or SOLD), what about those in the “none” category?
Why would lenders cancel 17 trustee sales that aren’t on the MLS?
Their defaults must be somewhere in the process of being cured by:
1. Loan modifications
2. Short sales by owner or agents bringing buyers direct (outside of MLS)
3. Refinancing (doubtful)
4. Lenders wanting to offer credit counseling
5. other reason?
The 46 cancelled trustee sales is far more than usual. If the cancellations continue, it should bring down the NOD-to-REO ratio. It’s probably a sign that the properties being foreclosed are of worth fighting for, either by owners struggling to find a way to cure the defaults, or agents willing to work on selling them. There wasn’t as much willingness to fight for the subprime-mortgaged homes.
We’re probably going to see the number of foreclosed properties drop substantially for the rest of the year, but we should be rolling again by springtime!



