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Category Archive: ‘Mortgage News’

Underwriting Change

This is a big shift in underwriting policy – from the latimes.com:

seniorqualifyingHere’s a heads-up for the growing ranks of seniors whose post-retirement monthly incomes aren’t sufficient to qualify for a mortgage under today’s tough underwriting standards: Thanks to a rule change by the largest players in the home loan business, you may be able to use imputed income from your 401(k), IRA and other retirement assets to qualify for the loan you want.

That, in turn, could open the door to a money-saving refinancing to a lower-rate loan or a downsizing purchase of a new house or condo.

Top credit officials at Freddie Mac, the giant federally controlled mortgage investment company, said recently that a little-known policy revision now allows seniors and others to use certain retirement account balances to supplement their incomes for underwriting purposes without actually tapping those balances or drawing down cash.

Read More

Posted by on May 26, 2013 in Mortgage News, Mortgage Qualifying | 3 comments

Subprime is Back

Some excerpts from the latimes.com - thanks daytrip!

Subprime loans are trickling back.

Michele and Russell Poland’s credit was shot, but they managed to buy their suburban dream home anyway.

After a business bankruptcy and a home foreclosure, they turned to a rare option in this era of tightfisted banking — a subprime loan.

The Polands paid nearly $10,000 in upfront fees for the privilege of securing a mortgage at 10.9% interest. And they had to raid their retirement account for a 35% down payment.

Most borrowers would balk at such stiff terms. But with prices rising, the Polands wanted to snag a four-bedroom home in Temecula near top-rated schools for their 5-year-old son. By later this year, they figure, they’ll be able to refinance into a standard loan.

“The mortgage is a bridge loan,” said Russ Poland, now working as an insurance investigator. “It was expensive, but we think it’s worth it.”

In the aftermath of the housing crash, there’s no shortage of Americans who, like the Polands, are eager to rebuild their shattered finances. In response, lenders are emerging to offer the classic subprime trade-off: high-priced loans for high-risk customers.

Today’s high-risk lenders differ from those during the housing boom in key ways. These lenders say the new subprime mortgages are actually old school — the kind of loans made in the 1980s and 1990s. In other words, a borrower’s collateral matters, down payments matter, income and ability to pay matter.

Among those hoping to reverse the trend is the Polands’ lender, Citadel Servicing Corp. of Orange County. Chief Executive Daniel L. Perl said he has tested the water by making a few dozen subprime loans since late 2011, mostly with his own money rather than investment capital.

The Polands, among the first to receive Citadel loans, are part of a success story, Perl said. None of the loans has gone bad; about a third have already been paid off. With that track record, Perl recently raised $200 million from private investors. He’s hiring 55 employees to help him make loans through mortgage brokers across most of the West, and he’s moving from Citadel’s Aliso Viejo location to larger offices in Irvine.

“We’re looking to build it up over the next 24 months to $30 million to $50 million a month,” Perl said. “It’s a decent business plan in a credit-barren world.”

Perl requires 25% to 40% down, depending on credit scores that can drop as low as 500 on an 850-point scale. His potential customers, who pay a minimum of 7.95% interest, include higher-income as well as lower-income borrowers.

“Quite a few” affluent borrowers are good credit risks, Perl said, even though they had recent short sales — they sold homes for less than they owed on their mortgages. Perl also writes mortgages that exceed the Fannie Mae and Freddie Mac threshold for conventional loans, which varies but tops out at $625,500 in the most expensive areas.

“They come from all walks of life — doctors and lawyers as well as blue-collar workers,” Perl said. “As long as they have the ability to pay and equity in their homes, they are a candidate for one of our loans.”

John C. Williams, president of the Federal Reserve Bank of San Francisco, sees no reason that subprime mortgage bonds can’t reemerge in “plain vanilla” form, as opposed to the complex concoctions that ended up as “toxic assets” in the meltdown.

“I can’t understand why it hasn’t come back sooner,” he said, pointing out that there’s a strong market for bonds backed by subprime auto and credit-card loans.

“California has been famous for devising exotic mortgages,” Williams said. “But the reality is that they held up rather well until we started doing things like giving them to people with no jobs.”

http://www.latimes.com/business/realestate/la-fi-subprime-mortgage-20130427,0,6498564.story

Posted by on Apr 28, 2013 in Mortgage News, Mortgage Qualifying, Thinking of Buying? | 12 comments

Kickbacks Are “Natural”

Thanks to Albert Pujols for sending this in:

kickbacksA former Fannie Mae sales associate who allegedly promised to provide listings to a real estate broker from the mortgage giant’s REO inventory in exchange for kickbacks has been indicted on three counts of wire fraud.

Armando Granillo, 44, worked out of Fannie Mae’s Irvine, Calif. office as a real-estate owned (REO) specialist, reviewing applications submitted by real estate brokers seeking to list properties foreclosed on and repossessed by Fannie Mae.

Late last year, federal prosecutors said Granillo asked a Tucson-based real estate broker to pay him a percentage of the commissions — later pegged at 20 percent — that the broker earned for selling Fannie Mae properties.

The broker alerted federal law enforcement officials, and during a meeting in February, Granillo travelled to Phoenix to meet with the broker, prosecutors said.

At the meeting, which was recorded by investigators, Granillo allegedly said kickbacks were “a natural part of business,” and arranged to receive an $11,200 payment from the broker.

Granillo was arrested on March 5 after allegedly accepting the payment from the real estate broker, who was working with investigators from the Federal Housing Finance Agency’s Office of Inspector General.

Granillo was freed on $5,000 bond and is scheduled to be arraigned next month in U.S. District Court.

Each wire fraud count alleged in the indictment carries a statutory maximum penalty of 20 years in federal prison, prosecutors with the U.S. Attorney’s Office for the Central District of California said.

http://www.inman.com/news/2013/03/27/fannie-mae-reo-specialist-allegedly-asked-kickbacks

Posted by on Apr 12, 2013 in Fraud, Mortgage News, Scams | 0 comments

Private Mortgage Insurance Loosens

As housing heads into the critical spring market, credit is finally beginning to thaw. Lenders are increasingly approving low-down-payment loans, and government-sponsored mortgage giant Fannie Mae is buying more of them.

It is a noticeable shift from the last four years, when 20 percent down on a home purchase loan was the only game in the neighborhood.

pmi is the answer“In general lenders have been willing to do more than they may have been willing to do in the past,” said John Forlines, chief credit officer for Fannie Mae’s single family business. “Our requirements have not changed significantly, but other parties taking risk, the lenders and mortgage insurance companies in particular, have been more flexible than they may have been in the past.”

As the housing market improves, private mortgage insurers are starting to remove overlays on higher loan-to-value loans, meaning the percentage of the home value that is mortgaged. Low LTV’s and high credit scores were the rule recently for the private insurers, but that may now be loosening, making these loans cheaper than FHA.

“FHA is certainly becoming more expensive,” noted Craig Strent, CEO of Apex Home Loans in Bethesda, Maryland. “The increase in low down payments is reflective of first-time buyers coming off the sidelines and entering the market. We’re going to see more of this trend in the next couple of years as the economy improves and renters start to once again see the benefit of buying over renting. FHA has become more expensive and the mortgage insurance companies are the beneficiary of that, which is really not a bad thing as it means the private market is insuring the lower down payments rather than the government.”

Hat tip to Rob for sending this in:

http://homes.yahoo.com/news/no-cash–no-worries–home-lenders-ease-up-rules-193804515.html

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Hat tip to Ray for sending this in:

The fiscal cliff deal also revived a provision that allows taxpayers to deduct their premiums for private mortgage insurance (which can run from $50 to $220 a month on a loan of $250,000). Most people know about the deduction for mortgage interest, but few have heard of the insurance deduction, says Rebecca Pavese, head of Palisades Hudson Financial Group’s tax practice.

Posted by on Apr 1, 2013 in Mortgage News, Mortgage Qualifying | 4 comments

Deadly Foreclosure

delassus_homeLarry Delassus, a 62-year-old disabled veteran, died in court last month while continuing a three-year battle against Wells Fargo for foreclosing on his Hermosa Beach home – a battle he had to fight even though court records show he paid his mortgage two months ahead of schedule and also paid his property taxes in advance.

He suffered heart failure Dec. 19 while his attorney argued against a tentative ruling issued by a Torrance Courthouse judge siding with Wells Fargo.

Wells Fargo called Delassus’s death “tragic,” but it was Wells Fargo that put Delassus into default when the bank mistakenly thought Delassus was behind in his property taxes. In fact, the bank was using an incorrect assessor’s parcel number that corresponded to Delassus’s neighbor’s home.

Delassus’s attorney and close friend, Anthony Trujillo of Redondo Beach, working the case on contingency, discovered the bank error and informed the bank. Wells Fargo acknowledged the error, fixed Delassus’s credit history but still proceeded with selling Delassus’s home at auction, according to deposition testimony and court documents.

When both parties appeared in court Dec. 19 for a preliminary hearing, Delassus, suffering liver disease, was in a wheelchair in the back of the courtroom, incoherent and breathing loudly.

Judge Laura Ellison told Trujillo the facts of the case did not appear to justify Delassus’s claim of fraud and negligence.

In response, Trujillo spent most of an hour reviewing, out loud, bank documents that indicate Delassus was never late on a mortgage payment or property tax bill. He argued that putting him in default was an error originally created by the bank’s tax service subcontractor.

As the proceedings played out, Delassus went into cardiac arrest.

“He was sure that when a judge heard that he was never even late on a payment, that [the judge] would do something,” said Debbie Popovich, a friend who arrived in court with Delassus.

On May 13, 2011, the bank had conducted the trustee sale of Delassus’s condominium for $270,000. The buyer re-sold it a few months for $440,000, according to public documents.

Hat tip to daytrip – read full story here:

http://www.easyreadernews.com/63515/disabled-hermosa-beach-veteran-dies-in-court-fighting-foreclosure/

Delassus’ attorney Anthony Trujillo, a friend and next-door neighbor, recalls deposing Wells Fargo Litigation Support Manager Michael Dolan in 2012, and asked what his definition of “fair” was.

“Fair is a place where they have ponies and merry-go-rounds,” Dolan said.

 

Posted by on Mar 11, 2013 in Mortgage News | 5 comments

More Foreclosure Lawsuits Expected

California’s Homeowners Bill of Rights will add an estimated $30,000 of legal exposure into each and every non-judicial foreclosure, according to a white paper released by Robert L. Jackson and Associates.

Intended to educate loan servicing professionals and the financial institutions that hire them, the white paper states that the new law will change long-standing legal doctrines in the state.

morelawsmakingamessofforeclosuresThe new law will also make compliance with its provisions nothing more than a very expensive defense to borrower claims of wrongful foreclosure, the white paper stated, while encouraging such claims through its private right of action.

“The industry’s focus on procedurally complying with the Homeowners Bill of Rights is misplaced,” said Scott J. Jackson, executive vice president of the firm.

The white paper concludes that the Homeowners Bill of Rights “effectively kills” the non-judicial foreclosure process it originally intended to reform. The paper states that the new law makes judicial foreclosures a cost-effective and time-efficient alternative.

“The new law strips away protective legal doctrines that an entire generation of servicing professionals have come to rely on, making it much more difficult and significantly more expensive to resolve claims brought under the new law,” Jackson said.

http://www.housingwire.com/fastnews/2013/03/06/california-homeowner-bill-rights-creates-30k-legal-exposure

Posted by on Mar 6, 2013 in CA Homeowners Bill of Rights, Foreclosures/REOs, Mortgage News | 2 comments

“Public Guarantor”

An excerpt from the latest housing commission report on how the government should participate in the mortgage industry:

While private capital must play a greater role in the housing finance system, continued government involvement is essential to ensuring that mortgages remain available and affordable to qualified homebuyers.

The commission recommends the establishment of a limited, catastrophic government guarantee to ensure timely payment of principal and interest on qualified mortgage-backed securities (MBS).

This guarantee should (1) be explicit and fully paid for through premium collections that exceed expected claims (with a safe reserve cushion); (2) be triggered only after private capital in the predominant loss position has been fully exhausted; and (3) apply only to the securities and not to the equity or debt of the entities that issue or insure them.

The commission proposes to replace the GSEs with an independent, wholly owned government corporation—the “Public Guarantor”—that would provide a limited catastrophic government guarantee for both the single-family and rental markets.

Unlike the GSEs, the Public Guarantor would not buy or sell mortgages or issue MBS. It would simply guarantee investors the timely payment of principal and interest on these securities.

The model endorsed by the commission is similar to Ginnie Mae, the government agency that wraps securities backed by federally insured or guaranteed loans.

Other than the Public Guarantor, all other actors in this new system—originators, issuers of securities, credit enhancers, and mortgage servicers—should be private-sector entities fully at risk for their own finances and not covered by either implicit or explicit government guarantees benefitting their investors or creditors.

In the new system, the limited catastrophic guarantee of the Public Guarantor would only be triggered after all private capital ahead of it has been exhausted.

The government would be in the fourth-loss position behind (1) borrowers and their home equity; (2) private credit enhancers; and (3) the corporate resources of the issuers and servicers.

Read the full report here:

http://bipartisanpolicy.org/library/report/housing-future

Posted by on Mar 1, 2013 in Local Government, Mortgage News | 5 comments

BofA REO/Short-Sale Seminar

Yesterday I attended the Bank of America REO/Short-Sale seminar for agents on their preferred list.

They haven’t sent me a new REO listing in about a year, so I thought I better attend, just in case it improves my chances.

They mentioned that they’ve cut 1,200 agents from the list already, and expect to trim it down another 1,000 and end up with fewer than 4,000 preferred realtors nationwide. Uh-oh.

Bank of America’s REO and Short-Sale Seminar highlights

1. Just 18 months ago, Bank of America was acquiring 16,000 properties per month through foreclosure.  Today their count is 3,000 to 4,500 per month.  There were a variety of reasons given for the dropoff:

  • The mortgage settlements caused it.
  • Loan modifications.
  • They are selling off servicing rights when mortgages go 60 days late.

He admitted that there are probably a lot of people who are living for free.

2.  Foreclosure volume is predicted to be FLAT over the next year or two.

3.  Once foreclosed, their goal is to dispose of the property within 180 days. Last year the average was 210 days.

4.  The bank’s public website that displays properties for sale will have a “coming soon” section where readers can preview new listings. (This site has never been updated frequently so don’t get your hopes up).

5.  They are open to selling tenant-occupied properties to investors.  Because they see so many cash offers, rather than wasting time and money on evictions, they will consider investor offers in advance that keep the occupants in the home.

6. Out of the other side of their mouth, it was stated clearly that asset managers will not respond to offers until the property has been on the MLS for five days.

7.  Bank of America expects to sell or transfer 2,000,000 properties this year.

8.  They solicited 15,000 defaulting homeowners last year with the pre-approved short-sale program, offering up to $30,000 in incentives.  Only one of eight homeowners took them up on it.

9. They solicited 2,000 defaulting homeowners to accept a deed-for-lease program, and only eleven homeowners agreed (where the homeowner signs over ownership and leases back).

10.  Their average short-sale-approval time is 43 days.

11.  Fraud is found in 23% of short sales.

12.  They have a pilot program underway to sell short-sales through Auction.com.  The seller still gets an incentive to participate, and realtors are involved.  The properties are offered with a pre-determined reserve price, but at least the auctions will take the buyer-selection process out of the listing agent’s hands.

There were no promises or even hints of increased production – but they say that they want to hurry up the process.  The phrase, “think outside the box” was said at least a dozen times, but many of us were skeptical that any major chances were coming.

Posted by on Feb 20, 2013 in Market Conditions, Mortgage News, Seminars, Short Sales | 6 comments

Eliminating the MID

Hat tip to daytrip for sending this in from the latimes.com:

cancel MIDWould you support a tax reform measure that could help reduce the federal deficit, remove a needless distortion in the economy and make the system fairer?

Me too, which is why I’m taking aim at a sacred cow: the home mortgage interest deduction. That’s right, the mortgage interest deduction that every homeowner, including me, loves.

If you listen to home builders and real estate agents, they’ll tell you that the mortgage interest deduction is what makes homeownership possible for millions of Americans.

Yet last year, homeownership in the United States, battered by mortgage foreclosures, sank to 65%, a 17-year low, while next door in Canada, where taxpayers don’t get a deduction for mortgage interest, homeownership continues to rise, reaching more than 69% last year, according to Toronto’s Financial Post.

The reason is that our mortgage interest deduction doesn’t directly support homeownership; instead, it supports mortgage indebtedness, which isn’t the same thing at all.

If the goal is really to increase homeownership, a better idea might be to offer a tax break aimed more precisely at middle-income families buying starter houses — a tax rebate for interest on the first $200,000 in mortgage debt, for example.

But that’s not how the mortgage deduction works. First, it’s only useful to people who itemize deductions, which only about 30% of taxpayers do. Second, it helps people with big mortgages more than those with small ones. Third, like all deductions, it helps people with the highest incomes (who get the equivalent of 39.6% of their mortgage interest knocked off their tax bill in the top bracket) more than people with lower incomes (who get 25% or less off if they itemize). Moreover, if someone buys a vacation home, that mortgage interest is deductible too, as long as the total debt is under $1 million.

But don’t take it from me. Take it from the economists at the Mercatus Center, a mostly conservative think tank at Virginia’s George Mason University.

“Most taxpayers do not benefit from this deduction at all or receive a very small benefit,” they wrote in a report issued last month. “The only taxpayers who do receive a large benefit are those in the upper income brackets…. Its primary effect is to encourage Americans who would have already been able to afford a house to take on even more debt.

“Recent empirical research suggests that the mortgage interest deduction increases the size of homes purchased but not the overall rate of homeownership,” they wrote.

And it’s not just conservatives: Policy wonks in both political parties believe that trimming the mortgage interest deduction is a good idea.

President Obama has proposed limiting the value of tax deductions for upper-income taxpayers to 28%, even if they’re paying a higher tax rate. But that idea hasn’t caught fire.

Mitt Romney, last year’s Republican presidential candidate, proposed eliminating all tax deductions for very-high-income taxpayers and putting a cap on deductions — $17,000, for example — for the rest of us. (He wanted lower tax rates too.)

The co-chairmen of Obama’s bipartisan debt commission, Alan Simpson and Erskine Bowles, offered a more homeowner-friendly proposal: a 12% tax credit that would go to all taxpayers, even low-income families, on mortgages up to $500,000. (A credit directly reduces your taxes; a deduction merely reduces the amount of your income that’s taxed.)

But wait, you and your real estate agent will say. Won’t a change in the mortgage interest deduction knock a hole in home values?

Yes — at least at the high end, where high-bracket taxpayers take on million-dollar mortgages. At the lower end, where modest homes are bought by people of modest means? No effect on prices at all, economists say.

And even at the high end, the Mercatus report found, “it is likely to have little effect.”

You can be sure that home builders and Realtors, whose businesses thrive on big houses and high prices, will push back hard against any proposal for change.

“We’ve been preparing for this debate for a year and a half,” Jim Tobin, chief lobbyist at the National Assn. of Home Builders, told me recently. “The housing industry is just coming out of its depression,” he argued. “This is not the time to dampen that recovery.”

OK; not this month, then. But by the end of the year, the economy, and the housing industry, are likely to be in better shape.

The mortgage interest deduction subsidizes big houses and bigger mortgages, but that’s not a good use of tax dollars. Its benefits flow disproportionately to the wealthy and do nothing for the working poor.

The deduction currently costs the Treasury about $100 billion a year. That’s money we could use to lower taxes, shrink the deficit or pay for Medicare — a debate Obama and the Republicans will surely have.

There aren’t many policy changes that would increase government revenue, remove distortion from the economy and make the distribution of income fairer all at the same time.

Fellow homeowners, let’s take this one for the team.

Posted by on Feb 7, 2013 in Mortgage News | 10 comments

Public Access to Tax Rolls

A mainstream provider has made the tax rolls available to its customers!

ForeclosureRadar has announced their new service:

http://www.propertyradar.com

You have to search by property address only, not by owner name.

But you will find data that could be helpful; the bedrooms/baths/square-footage counts recorded at the county (which is typically what is permitted), original loan balances, automated valuations, aerial maps with property boundaries, and “heat maps” showing the estimated loan balances for the neighborhood:

cv heat 002

Casual users might not get enough benefit to warrant paying the $50 per month membership dues, because most of this data is available for free from your realtor or other sources.  But it is nice to see it all out in the open!

Posted by on Feb 6, 2013 in Mortgage News | 1 comment