Archive for September, 2011


Tuesday, September 20th, 2011 at 6:59 PM

WAG

From sddt.com:

The outlook for California’s residential real estate market may be dubious, but there are some bright spots in San Diego County.

Leslie Appleton-Young, California Association of Realtors chief economist and Robert Kleinhenz, CAR deputy economist, delivered their pronouncements during a webcast Tuesday.

Appleton-Young said it is difficult if not impossible to have a strong housing market, when the statewide unemployment rate is higher than 12 percent as it has been for most of the past 18 months — especially since that doesn’t tell the whole story.

“If you include those who have given up and the underemployed, the figure climbs to 16 percent,” Appleton-Young stated.

The good news is “that housing affordability looks really great,” Appleton-Young said.

Appleton-Young noted that the median price of a resold home in the state is slightly less than $300,000 at present, and while that is still twice the national average, it is considerably more affordable than when it was closer to $500,000 at the peak of the market in the middle of the last decade.

San Diego is more affordable, as well. Whereas the percentage of those who could afford a median-priced home here was generally in the teens in the middle of the last decade, the CAR pegged the number at 41 percent at the end of June.

The median price of a resold home was $379,270 in San Diego County in June, after having been closer to $600,000 in the middle of the last decade.

While bank sales and short sales played a significant role here, particularly in eastern Chula Vista, both Appleton-Young and Kleinhenz said that San Diego will be much quicker to return to a normal market than the Inland Empire, which had enormous job losses during the recession.

“San Diego is way ahead of the curve in this regard,” Kleinhenz said.

The CAR reported about 8 percent of the resales in San Diego County were REO or bank-owned sales, and another 19 percent were short sales in August.

The distressed sales are much closer to 50 percent and higher in places, such as the Inland Empire, that are still in a much more painful recovery than here.

Still, there seems to be improvement just about everywhere in the state.

Statewide, Appleton-Young said last month traditional transactions accounted for 58 percent of the sales in August, 19 percent were REO and 22 percent of the state’s residential resale transactions were short sales.

“We’ve seen good improvements in these numbers,” Kleinhenz said, adding there still could be room for a few more REO sales added to the mix in the state, to help bring inventories back up higher than the 2.6-month level at present.

Despite all that has happened during the past three to four years, homes are still in such short supply that the CAR says multiple bids are becoming the rule rather than the exception, regardless of whether the transaction is a traditional, bank-owned or short sale transfer.

Inventory levels may be low, but Kleinhenz said there are plenty of causes for concern at the state level.

For one thing, while default notices were headed downward, there was a bump up in California last month. He worries this may be more than a blip lasting the rest of the year.

As for what all this means for San Diego, Kleinhenz said he expects sales will be modestly higher for the remainder of the year, sales will increase by about 1 percent next year and prices will increase by something less than 2 percent in 2012.

Other issues are expected to be part of the mix. These include the upcoming lowering of Federal Housing Administration loan limits in the beginning of October from $697,500 to $625,500.

While that amount may not seem like a huge reduction, given that it is still more than $600,000, Appleton-Young noted that San Diego remains relatively expensive compared to other areas.

What’s more, much depends on where in the community a person feels he/she needs to live.

“This impact of this reduction will be felt in San Diego,” Appleton-Young said, “but it will be more pronounced along the coast.”

Tuesday, September 20th, 2011 at 1:39 PM

Senior Does Strategic Default

From foxbusiness.com:

Gene Kessler, 67, may be the new face of mortgage default. The tech industry retiree is in the process of walking away from the home he purchased for $166,000 in 2004 in a small town 75 miles southwest of Minneapolis.

Its value has plummeted to $111,000, wiping out Kessler’s $45,000 down payment and leaving him with a mortgage that’s more than the home is worth. He stopped paying the loan six months ago, and estimates he’ll have to vacate by March 2012.

But Kessler isn’t in financial trouble, and he could afford the monthly payments. He has no other debts and two pensions from former employers, as well as Social Security. He also has a woodworking hobby, and runs a small business selling the artisan lamps he makes in galleries. He’s single now, and his two children are grown and gone.

“I was looking for a way to get back to a larger city, and this was the only way I could get out of this house,” says Kessler, who paid $800 to YouWalkAway.com to help guide him through the process known as strategic default. He’s anticipating a move to a warmer climate and a more active art and dating scene in Santa Fe, N.M.

There’s no data on the demographics or financial histories of the people receiving recent default notices. But among them are some homeowners who have never defaulted on a loan before, at least according to one poll. YouWalkAway.com surveyed several hundred of its clients earlier this year, and just 23% said they had previously shirked a financial obligation.

“The people we are now seeing are nearing retirement age, who never missed a payment on anything in their lives,” says Jon Maddux, co-founder and CEO of the Carlsbad, Calif., firm. “They are trapped. They can’t sell or get a modification and they need to downsize or move for a job.”

Attitudes toward default have also shifted, Maddux says. “Back in 2008 people were very emotional, very scared, in disbelief or denial,” he says. “Now they are simply fed up. It’s a very calculated, black-and-white business decision. People feel very relieved.”

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Tuesday, September 20th, 2011 at 6:45 AM

Auction Bust

A ”reserve price” spoils another auction – from latimes.com:

The auction of a custom-built mansion along Malibu’s “Billionaire’s Beach,” so named for its wealthy homeowners, hit a snag Sunday when it failed to generate an acceptable bid.

Although the bidding started at the minimum $22 million opening price, it stalled there short of the  “reserve price,” the undisclosed value at which the owners are willing to let the property go. The sellers, William and Cheryl Chadwick, rejected the bid.

Now Westside Estate Agency listing agent Carol Bird and Premiere Estates Auction Co. are working on securing written offers from the four bidders and an international buyer who was unable to attend the event and will view the property this week.

The beachfront home was listed at $65 million when it first came on the market in 2008. The 10,500-square-foot house, built in 2005, has 150 feet of beach frontage.

Monday, September 19th, 2011 at 6:41 PM

Money No Object?

This is a little spendy but it would be a cool place to live:

Monday, September 19th, 2011 at 4:58 PM

Carlsbad Approves Desal Deal

From the U-T:

A water agreement between Carlsbad and San Diego County will mean clean drinking water for residents but could ultimately defer some of the city’s redevelopment dreams.

City Council members Tuesday approved a contract with the San Diego County Water Authority to ensure that Carlsbad will keep receiving property taxes from the long-anticipated desalination plant set to be built on its south coast if the county takes over operations within the next 10 years.

A stipulation of a prior contract, however, has been thrown out and the guarantee of a $5.5 million payment from the county to the city’s redevelopment agency has gone by the wayside.

A contract signed in 2005 required the county to contribute nearly $6 million to the city’s redevelopment agency in exchange for some of the rights to the purified water. The terms of the contract approved Tuesday could mean the delay of street enhancements like the realignment of Carlsbad Boulevard, studies into how to lessen the effect of power plants on the coastline and improvements and additions to the city’s boardwalk.

Debbie Fountain, Carlsbad’s housing and neighborhood services director, said the city has not yet decided which projects will have to be halted.

“The city is losing a good degree of those benefits, and it still is a favorable project for the city,” said Mayor Matt Hall during Tuesday’s meeting. “But I am saddened that we lost a lot of the things we had anticipated to be benefits for the city.”

Like other California cities, Carlsbad relies on property taxes to fuel its redevelopment agency, the organization charged with defining blight and eliminating it. That money typically goes toward low-income housing, revitalization of the Carlsbad Village and other beautification projects that dot the city’s landscape.

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Monday, September 19th, 2011 at 9:58 AM

MERS Prevails

Lenders have lost an excuse for not foreclosing – from MND:

Two Appellate Courts in California, citing two separate rationales, have upheld the legal standing of MERS to foreclose

In Calvo v. HSBC  a deed of trust signed by Calvo identified CBSK Financial Group as the lender and MERS as the nominal beneficiary and lender’s agent.  HSBC acquired the Calvo loan, retaining MERS as its nominee but never recording an assignment of the deed of trust.   When Calvo defaulted HSBC initiated a non-judicial foreclosure.

The plaintiff has sued to set aside the trustee’s sale for an alleged violation of Section 2932.5 of the California Code which requires the assignee of a mortgagee (court’s emphasis) to record an assignment before exercising a power to sell real property. 

On September 12 the three justices of the Second District said the complaint was irrelevant as it applied only to mortgages, not to deeds of trust.  The Court, in fact, called the section of the code “practically obsolete and… generally ignored by borrowers, creditors, and the California courts.

The other suit, Robinson v. Countrywide, arises out of a loan from SBMC Mortgage also secured by a deed of trust naming MERS as “acting solely as a nominee for Lender and Lender’s successors and assigns,” and stating that “MERS is the beneficiary under this Security Instrument.”   

Subsequently Countrywide Mortgage, identifying itself as a debt collector and servicer of the loan notified the plaintiffs that their loan was delinquent but failed to respond for requests for documents and information from the plaintiff’s attorneys and later transferring the loan to its foreclosure management committee and then to ReconTrust which purported to be acting as agent for the beneficiary of the deed of trust.  Robinson alleged that their note was “sold and resold” on the secondary market and it had become difficult or impossible to determine its actual owner and that the identity of the person or entity that currently holds an ownership interest is unknown.

On September 12, the Fourth District Court citing its own May decision in Gomes v. Countrywide, stated that “the statutory scheme…does not provide for a preemptive suit challenging standing. Consequently, plaintiffs’ claims for damages for wrongful initiation of foreclosure and for declaratory relief based on plaintiffs’ interpretation of section 2924, subdivision (a), do not state a cause of action as a matter of law.”

 

Sunday, September 18th, 2011 at 8:55 PM

Not Civil