LAW OFFICE OF D.L. DRAIN, P.A.

1702 W. Camelback, Suite 264

 Phoenix, AZ 85015

Phone: 602.246.7106

Fax: 602.249.1969

E-mail: DDrain@DianeDrain.com

 
   


   
 

 

FORECLOSURE (TRUSTEE SALE) NEWS AND ARTICLES

 



 

Doesn't Look Good For Marginal Borrowers (12/06)
Jeffrey Taylor, S.J. Fowler/MVAC Real Estate

Americans who have stretched themselves financially to buy a home or refinance a mortgage have been falling behind on their loan payments at an unexpectedly rapid pace.

The surge in mortgage delinquencies in the past few months is squeezing lenders and unsettling investors world-wide in the $10 trillion U.S. mortgage market.

Sub-prime mortgage originations climbed to $625 billion in 2005 from $120 billion in 2001, according to Inside Mortgage Finance, a trade publication. Like other types of mortgages, sub-prime home loans are often packaged into securities and sold to investors, helping lenders limit their risks.

Based on current performance, 2006 is on track to be one of the worst ever for sub-prime loans, according to UBS AG. "We are a bit surprised by how fast this has unraveled," says Thomas Zimmerman, head of asset-backed securities research at UBS.

Though delinquency rates on sub-prime mortgages originated in the past year have soared to the highest levels in a decade, economists don't expect any significant harm to the nation's economy or financial systems. But if late payments and foreclosures continue to rise at a faster-than- expected pace, the pain could extend beyond homeowners and lenders to the investors who buy mortgage-backed securities.

Several lenders are already feeling the sting. H&R Block, which operates Option One, a major sub-prime lender, said last week that its mortgage-services unit posted a pretax loss of $39 million in the fiscal second quarter ended Oct. 31, compared with a year- earlier pretax profit of $48.8 million. The Kansas City- based tax-services company said last month it is considering selling Option One, which has been struggling with higher interest rates and defaults, and is closing 12 branch offices.

On Friday, KeyCorp said it reached a deal to sell its sub-prime Champion Mortgage business. Analysts at Friedman, Billings, Ramsey & Co. put the price for the company's sub-prime mortgage operation at $130 million, "far below" the $200 million to $250 million they expected.

Soaring delinquencies are making some lenders more cautious, which is likely to put further pressure on the weak housing market.

In October, borrowers were 60 days or more behind in payments on 3.9% of the sub-prime home loans packaged into mortgage securities this year, UBS says. That's nearly twice the delinquency rate on new sub-prime loans recorded a year earlier.

Because of the way mortgage-backed securities are structured, investors who buy investment-grade securities aren't likely to be hurt if losses are close to expectations. But if losses on the underlying mortgages substantially exceed expectations, some investors who buy the riskiest slices of sub-prime securities are likely to rack up losses. These include hedge funds and investors who buy collateralized debt obligations, pools of debt instruments that are often snapped up by foreign buyers.

Foreclosures May Jump As ARMs Reset, Monday, June 19, 2006 By J.W. ELPHINSTONE AP Business Writer

(AP) - NEW YORK-In 2003, Anita Britten refinanced her two-story brick cottage in Lithonia, Ga. using a hybrid adjustable rate mortgage, or ARM. Her lender reassured her that she could refinance out of the riskier loan into a traditional one when her interest rate started to reset. Three years later, Britten can't get a new mortgage and her monthly payment has jumped by a third in six months. She can't afford her payments and may face foreclosure if her financial situation doesn't change.

As more ARMs adjust upward and housing prices begin to dip, many Americans like Britten can't refinance and are finding themselves trapped in too-high monthly payments. For those who can't make their payments, foreclosure - the legal process by which the lender reposseses the house because the owner has defaulted on payments - is the only way out. Foreclosure figures just released by the Mortgage Bankers Association show that foreclosure activity fell in the first quarter of 2006 over the first quarter of 2005 for all loan categories except subprime loans. The MBA didn't specify how many of subprime loans were adjustable rate mortgages.

But while a strong economy helped hold down the foreclosure rate in the first quarter, homeowners and experts fear the market has turned and numbers are headed upward. In the last several years, millions of Americans took equity out of their houses and refinanced when interest rates were at historical lows and housing prices were at record highs. Many of them chose to refinance into hybrid ARMs that lenders were aggressively pushing. ARMs, which featured a low introductory interest rate that resets upward after a set period of time, were easier to qualify for than traditional fixed-rate loans.

ARMs are now starting to fall by the wayside as the difference in interest rates narrows. The average rate on a 30-year fixed rate loan in May was 6.60 percent compared to 5.63 percent on a one-year ARM, according to Freddie Mac. In 2003, rates on a 30-year fixed were at 6.54 percent, while ARMs carried a 3.76 percent rate. This year, more than $300 billion worth of hybrid ARMs will readjust for the first time. That number will jump to approximately $1 trillion in 2007, according to the MBA. Monthly payments will leap too, many beyond what homeowners can afford.

For example, Britten's monthly payment jumped from $1,079 to $1,340 at the beginning of this year. It rose again on June 1 by another $104 and is scheduled to increase again in December. Britten, who is also paying off student loans, went to a credit counseling service to help her avoid foreclosure. "I've gotten rid of all my credit cards and I'm not supposed to refinance for another year," she said. "All I can do is tread water right now."

"ARMs are a ticking time bomb," said Brad Geisen, president and chief executive of property tracker. "Through 2006 and 2007, I'm pretty sure we'll see a high volume of foreclosures." Last year, foreclosures hit a historical low nationwide at about 50,000. But that number has more than doubled since then, according to Geisen. And delinquency rates appear to be rising, as well. While delinquency rates fell for most types of loans from the fourth quarter of 2005 because of a stronger economy, delinquencies for both prime and subprime ARM loans increased year-over-year in the first quarter, according to the MBA.

The hardest hit states so far are those that have experienced the roughest times economically. Michigan, Texas and Georgia lead the pack, specifically around Detroit, Dallas and Atlanta, whose major employers have run into strikes, bankruptcies and industry downturns. But as the housing market slows, experts expect foreclosures to skyrocket in those areas that have experienced the highest appreciation rate - like California, Florida, Virginia and Washington, D.C. "There is a direct correlation between foreclosure sales and market activity," said Dr. James Gaines, a research economist at The Real Estate Center at Texas A&M University. "If the rate of appreciation is not there, then there is an increase in foreclosure sales." Gaines pointed out that although California's default notices are rising by the thousands, actual foreclosure sales remain in the hundreds. Because of California's still-active housing market, homeowners there can sell their properties before going into foreclosure.

On the flip side, in less active markets like Texas and Georgia, homeowners can't find a buyer in time and are forced into foreclosure. But as the housing cools in these once hot markets at the same time that ARMs reset, many homeowners may be unable to dump their properties before going into foreclosure, Gaines predicts. Additionally, Gaines pointed out that these same real estate markets also boasted a higher percentage of ARM originations, because most buyers could only get into their homes using an unconventional loan. California, where the median home price reached $468,000 in April, leads the nation in the percentage of homes purchased with adjustable rate mortgages. Nationwide, ARMs account for 24 percent of all home loans. "In our zeal to make mortgage lending more available to a greater number of people, it's normal to expect the foreclosure rate to go up," Gaines said.

Even investors in foreclosures are having a harder time finding good deals, as the housing market cools. Many homes that do end up in foreclosure auctions are saddled with more than one mortgage and have little or no equity - so the investors take a pass. Falling home values are also affecting homeowners' ability to refinance into a traditional 30-year fixed rate loan to avoid foreclosure. In 2002, Christopher Jones, 32, refinanced into a hybrid ARM with plans to refinance again when the rate started to readjust. At the time, his downtown Atlanta house appraised for $108,000. Now, his monthly payments have shot up, but Jones can't sell his house for more than $84,000 and he can't get an appraisal for more than $85,000. The appraisal firm told Jones that the value of houses in his neighborhood have fallen victim to a cooling market. With no other options left, Jones has decided to pack it in and foreclose on the house. "I'm just going to take the loss," he said. "That's all I can do."

Some homebuyers, especially first-time buyers, may not have fully understood the risk of ARMs. In the rush to close on a house sale, especially in the frenzied market of the past few years, many first-time buyers often failed to get the full details of their loan from their mortgage broker. "Sometimes buyers are very optimistic of how much mortgage they can handle, especially in a strong housing market with aggressive marketing of riskier mortgages," said Suzanne Boas, president of Consumer Credit Counseling Services of Greater Atlanta.

When Dora Angel of DeSoto, Texas bought her first home in 2003, she paid $141,000 for the brand new three-bedroom, two-bath home. At the time, her mortgage payment was $1,400 a month. Angel originally thought that she had a fixed-rate loan. But about five months ago, she noticed that her monthly payment kicked up to $1,900. She only made the monthly payments by sacrificing payments on her credit cards, which pulled down her credit rating. Now, Angel can't continue paying $1,900 each month, but, because of her credit ranking, she doesn't qualify for a fixed-rate mortgage. "I was a first-time buyer. I was blind. I didn't know what questions to ask," she said. "And the mortgage brokers are there telling you what you want to hear just to get you in the mortgage."

Unfortunately, during a runaway market, many buyers, sellers and mortgage brokers were more excited about making deals than making smart deals, and the fallout has just begun. "We are on the front of this ARM problem. It will roll out over the next several years," Boas said. "Owning a home is the American dream, but losing one is the ultimate nightmare."

Help available for those who can't make payments

Catherine Reagor, The Arizona Republic, Apr. 26, 2002 12:55 PM
(Please use the hyperlink attached to the title to read this article. If that hyperlink is not working the following is a copy of the article.)

The economy is down and the number of people in danger of losing their houses is up. But unlike the recession of the late 1980s, which cost many their houses, there's more help available for those who can't keep up with their mortgages. "Homeowners in trouble have options," said Bill Mahoney of Century 21 Metro, which has a pre-foreclosure division. "They don't have to just turn the keys over to the lender."

Housing analysts agree that the sooner people deal with their inability to make mortgage payments, the better chance they have of keeping their house or at least selling it on their own. Besides selling quickly or agreeing to a voluntary pre-foreclosure sale, many homeowners are finding that more lenders are now working with them to defer payments, lower interest rates or modify mortgages in other ways so they can stay in the house and make up the difference later. "The first thing a homeowner having trouble should do is contact their lender," said Christopher Combs, a Phoenix real estate attorney who works with consumers. "It's often in lenders' best interest to keep the owner in the house, paying what they can."

Most lenders are being prompted by mortgage giants Fannie Mae and Freddie Mac, as well as the U.S. Department of Housing and Urban Development, to keep homes off the auction block. Fannie Mae has a program called Home Saver Solutions, which allows loans to be modified when people miss several payments. Nearly 16,000 homeowners received help last year from Fannie Mae.

Some mortgages, like those issued through the Federal Housing Administration, come with stipulations that require lenders to allow borrowers to defer payments for three months in difficult times. Unfortunately for homeowners, government-backed loans also can encourage lenders to foreclose after three months in order to guarantee that they get their money back. Help may buy delinquent borrowers only a little time, said Jay Butler, director of the Arizona Real Estate Center at Arizona State University. Some people are so deep in debt, they can't hold on to their houses, he said.

HUD PUBLISHES NEW RULE TO PROTECT HOMEBUYERS FROM PREDATORY LENDING PRACTICES,  Arizona Journal of Real Estate & Business, September 2004.

WASHINGTON - As a part of an ongoing effort to curb predatory lending and increase accountability in its mortgage insurance programs, the Department of Housing and Urban Development published a final rule that makes the lenders accountable for appraisals on mortgages insured by the Federal Housing Administration (FHA).   The rule will become effective August 19, 2004.

"Holding lenders accountable when appraisers they select engage in fraudulent activities is another step this administration is taking to protect homebuyers, particular minorities, from unscrupulous predatory lending practices," said Assistance Secretary for Housing- Federal Housing Commissioner, John C. Weicher.  "Predatory lending has no place in the FHA market or any other part of the real estate market."

Predatory lending results when home purchasers become unwitting victims of lenders, sellers and appraisers, often working together.  The unsuspecting homebuyers either purchase homes with sales prices far in excess of the fair market value, or are substantially overcharged with costs associated with obtaining a mortgage.

The final rule, "Lender Accountability for Appraisals," makes the lenders accountable for the quality of appraisals performed by the appraisers the lender hires.   It strengthens HUD's regulations concerning the lenders' responsibilities when they select appraisers to determine the market value of properties that will be security for FHA-insured mortgages.  The rule will help assure that homebuyers will receive accurate statements of appraised values on homes they purchase using FHA mortgage insurance.  For more information about HUD and its programs go to www.hud.gov and www.espanol.hud.gov.

FREE CREDIT REPORTS START DECEMBER 1

Beginning on December 1, 2004, free annual credit reports will be made available upon consumer's request, pursuant to the Fair and Accurate Credit Transactions Act of 2003 (“FACT”).

The reports will be available across the country in four stages: Dec. 1, Alaska, Hawaii, and other Western states; March 1, Midwestern states; June 1, Southern states; New England and other Eastern states, Sept. 1.

Consumers will be able to request their reports from all three major credit reporting agencies, at a special web site, www.AnnualCreditReport.com.  The credit report will appear on the screen and may be printed out. Or, they may call 1-877-322-8228, or write to Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.

 

DISCLAIMER This site is not intended to be advertising and the Law Office of D.L. Drain, P.A. and the attorneys employed by that firm do not seek to represent anyone in a state where this site may fail to comply with all laws and ethical rules of that state.  The information provided in this web site is for general information purposes only. All the documents, forms and information on these web pages are generic in nature and must not be regarded as legal advice. The law changes periodically and we make no representations that any of the information is accurate. You are not to make any inference from this website that our firm represents you or would be able to represent you; or that the information contained herein applies to your specific circumstances. You must seek legal counsel to ascertain your rights and obligations.

 

 

Copyright © 1997-2007, Law Office of D.L. Drain, P.A.
Designed by The Legal Resource Group, Inc. & IMT Zone, Inc.

Viewing the information on this site is not intended to constitute legal advice or to create any attorney-client relationship.
Please read
our disclaimer and additional copyright notices

 Your ALT-Text here