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MARKET NEWS YOU CAN USE

Harp Information

by Short Sale Agent Jerry Gusman on 05/11/12

HUD: 3 bills will complete Obama refinancing initiative
By Justin T. Hilley
• May 11, 2012 • 2:50pm

HAMP Expands Eligibility to More Military Members

by Short Sale Agent Jerry Gusman on 05/11/12

HAMP Expands Eligibility to More Military Members

Starting June 1, military homeowners who are permanently displaced by a job-related move may still be able to be considered owner-occupants when applying for the Home Affordable Modification Program (HAMP).

This change means more military members could become eligible for the government’s modification program to assist struggling homeowners by reducing monthly mortgage payments.

The update was jointly announced in an online post Thursday by Tim Massad, Treasury assistant secretary and Holly Petraeus, assistant director for Servicemember Affairs at the Consumer Financial Protection Bureau (CFPB).

According to the announcement, borrowers may now qualify if they are displaced due to an out-of-area job transfer (such as Permanent Change of Station orders), intend to return to the home at some point in the future, and do not own any other single-family real estate.

HOPE NOW, the voluntary, private sector alliance of mortgage servicers, investors, mortgage insurers and non-profit counselors, applauded the initiative in a statement.

“The issue of Permanent Change of Station creates a unique set of circumstances for military homeowners who are required to move to a new location. Recognizing many of these homeowners as owner-occupants allows them to qualify for a HAMP modification and creates a mortgage option that was not available before under the current rules,” said Faith Schwartz, executive director of HOPE NOW.

Bank of America Offers Principal Reductions to 200,000 Homeowners

by Short Sale Agent Jerry Gusman on 05/09/12

Bank of America Offers Principal Reductions to 200,000 Homeowners

A select group of struggling mortgage borrowers are about to get an offer that sounds too good to be true. Executives at Bank of America say they will begin mailing 200,000 letters offering certain customers mortgage principal reduction.

Bank of America flag
Getty Images

“If people get these things and toss them, they won’t be eligible,” says Ron Sturzenegger, the Bank of America executive charged with providing solutions to borrowers in need of mortgage assistance.

But the offer is real, and eligible borrowers could get as much as $150,000 knocked off the balance of their mortgages. It is all part of the $25 billion settlement reached this year between federal and state agencies and the nation’s five largest mortgage servicers over fraudulent foreclosure document processing (so-called “robo-signing”).

Bank of America [BAC  7.7899    -0.0001  (0%)   ], in a deal with state attorneys general and the U.S. Department of Justice, committed $11 billion to mortgage principal reduction, but executives say they will go beyond that if enough borrowers respond to their offer. Five thousand borrowers have already received a collective $700 million in principal reduction through a pilot program for those already in a modification negotiation. The 200,000 borrowers being targeted now may have already exhausted modification options or may have yet to contact the lender.

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Executives say borrowers receiving the letters are eligible, but they still have to prove they qualify. In order to be eligible, a borrower must be 60 days late on the mortgage payment as of Jan. 31, 2012. The borrower has to owe more on the mortgage than the home is currently worth, commonly known as being “underwater” on the mortgage, and the borrower’s loan must either be owned by Bank of America or serviced by Bank of America for an investor who is allowing the modifications.

In order to qualify for the modification, the borrower must answer the letter with full documentation of income, showing that under the terms of the modification they can still make the monthly payment. A borrower with no income would therefore not qualify. A borrower’s current monthly payment must be  more than 25 percent of gross income, and the borrower must show they are unable to afford that.

“If you can afford to make your monthly payment and are choosing not to, you will not get this principal modification,” says Sturzenegger.

If the borrower qualifies, Bank of America will bring the monthly mortgage payment down to 25 percent of the borrower’s gross income. That could mean principal forgiveness well over $100,000, as there is no limit to the amount of the mortgage. If enough borrowers respond, it could cost Bank of America far more than it committed to in the settlement.

“Yes, we have the capability to go well beyond the $11 billion,” adds Sturzenegger.

Bank executives say that before choosing which borrowers will get the offer, they performed a net present value test on each loan, making sure that the principal reduction modification would net Bank of America or the investor who owns the loan more than foreclosing on the home. “It has to be fair to the investor as well,” says Sturzenegger.

Not all of the 200,000 borrowers who receive the letters are expected to respond. Executives say there is a level of fatigue among delinquent borrowers who have already received several notices or who may have gone through a failed modification process already. Some borrowers simply don’t want to stay in their homes, while others may think the offer is a scam.

“They have been contacted by a lot of other people, and this offer may appear too good to be true,” says Sturzenegger.

That’s why Bank of America is sending the letters by certified mail and trying to make the language as simple as possible. A sample letter obtained by CNBC shows a bring red box in the top corner labeled, “IMPORTANT” and simple language stating, “Qualifying customers may reduce their monthly payment by an average of 35 percent.”

Some 6,500 letters should be arriving in mailboxes across the country this week, with a wave of new letters going out every week until the end of the summer, when all 200,000 should have been mailed. Bank of America is staggering the mailings in order to handle the expected response. The bank has staffed up to handle the task, with 50,000 employees manning servicing desks, but the process will clearly take a lot of time. That’s why Bank of America has suspended any foreclosure actions against these 200,000 borrowers until the process is complete. 

There are currently 5.59 million U.S. loans that are either delinquent or in the foreclosure process, according to Lender Processing Services. Bank of America services one million of those loans, but many of them are owned by Fannie Mae and Freddie Mac. Their regulator, Edward DeMarco of the Federal Housing Finance Agency, has yet to agree to principal reduction in loan modifications, despite harsh criticism from some lawmakers on Capitol Hill and increasing pressure from the White House.

Scam Watch: Memorial Day, foreclosure rescue, investment scheme

by Short Sale Agent Jerry Gusman on 05/07/12

Here is a roundup of alleged cons, frauds and schemes to watch out for.

Memorial Day – Memorial Day has become an opportunity for criminals to target veterans as well as active duty military and their families, the Better Business Bureau said in a recent bulletin. Older veterans are often targeted by scammers this time of year, the BBB said. "The unique lifestyle of our service members makes them prime targets for scammers," noted Brenda Linnington, director of the BBB’s military division.  "It’s imperative that we educate our service members and ensure that the support we give to them equals the effort they make every day on behalf of us." Some scams target service personnel and their families directly, while others go after people attempting to contribute to military charities. "Donors need to watch out for questionable charities that raise funds on behalf of military organizations," said Art Taylor, president of the BBB’s Wise Giving Alliance. Another scam to watch out for involves a telephone call in which a criminal poses as a Veterans Administration representative and asks for credit card, bank or other financial information, the BBB said.

Foreclosure rescue – An Austin, Texas, man has been sentenced to five years in federal prison following his conviction on charges related to a foreclosure-rescue scam. Frederic Alan Gladle pleaded guilty in January to bankruptcy fraud and identity theft, admitting that he operated a scam from 2007 to 2011 that raised $1.6 million from victims. Prosecutors said Gladle, 53, recruited homeowners who were in danger of losing their homes and told them that he could delay foreclosure for $750 a month. He then submitted false documents in bankruptcy courts, adding his clients' homes to unrelated bankruptcy cases, temporarily delaying banks' efforts to foreclose on the homes, prosecutors alleged. U.S. District Court Judge Lee Yeakel sentenced Gladle on May 3 to 61 months in federal prison.

Investment scheme – A man who stole more than $30 million from investors by falsely claiming that his private company was about to be acquired by  Microsoft Corp.  has been sentenced to 22 years in federal prison. Mouli "Samuel" Cohen was convicted in November on numerous counts of wire fraud, money laundering and tax evasion related to the scheme involving his company, Ecast Inc. Prosecutors said Cohen knew his company was not going to be acquired by Microsoft. He used investors’ money on a host of extravagances, including luxury homes, extravagant vacations to Italy, France and the Caribbean, and $6 million to lease private jets, prosecutors said.

Housing secretary backs Homeowner Bill of Rights in Los Angeles

by Short Sale Agent Jerry Gusman on 05/04/12

Housing secretary backs Homeowner Bill of Rights in Los Angeles

Shaun Donovan

Shaun Donovan, secretary of the U.S. Department of Housing and Urban Development (center), tours South Los Angeles neighborhoods Tuesday. He is joined by Rep. Maxine Waters (D-Los Angeles) and Rushmore D. Cervantes, executive director of the Los Angeles Housing Department. (Alejandro Lazo / Los Angeles Times / May 2, 2012)

By Alejandro Lazo

Passing a Homeowner Bill of Rights for California borrowers is a crucial step toward preventing future foreclosure abuses, federal housing chief Shaun Donovan said as he toured South Los Angeles neighborhoods ravaged by the housing bust.

California is expected to receive the largest chunk of a historic $25-billion mortgage settlement reached this year with the nation’s five biggest banks. But Donovan said that in order to make reforms reached in that agreement permanent, state legislators must pass a series of bills backed by California Atty. Gen. Kamala D. Harris, who negotiated on behalf of the Golden State.

“We cannot let homeowners suffer in the way that we found in our investigations,” Donovan said Tuesday, speaking at the FAME Assistance Corp., an economic development agency in South Los Angeles. “Because foreclosures and other processes around homeownership are directed by state law, it is critical that a Homeowner Bill of Rights move forward.”

The series of bills backed by Harris would restrict practices such as foreclosing on homeowners as they try to negotiate a loan modification and mandate that banks designate a single person to work with troubled borrowers. Opposing the bills are mortgage bankers and the general business community, The Times has reported. Similar efforts in the past have failed.

Earlier in the day, Donovan, secretary of the U.S. Department of Housing and Urban Development, toured the Broadway-Manchester neighborhood of South Los Angeles with Rep. Maxine Waters (D-Los Angeles), including a stop at a home that had been revitalized by the city using federal money.

With a new roof, exterior and freshly painted purple doors, the two-bedroom, one-bathroom dwelling was once in severe disrepair after being foreclosed on. Property records show it was purchased last year for $160,000 by Restore Neighborhoods LA Inc., a nonprofit created by the city’s housing agency to use federal funds for purchasing, rehabilitating, marketing and selling foreclosed homes in hard-hit areas.

The home also had recycled bamboo floors, double-pane windows and a number of energy-saving features. It will go on the market next week for about $185,000. Taxpayers will not be recouping their full investment, as rehabilitation efforts took the total cost of the project to $302,00, said John Perfitt, executive director of Restore Neighborhoods LA.

The home will be marketed to low- and moderate-income families who qualify. While touring the home, Donovan told Waters that in areas targeted by the federal program the number of vacant homes is declining and, in a majority of neighborhoods, home prices are rebounding.

“It’s not just the jobs,” he said. “It really has begun to turn the market around.”

Housing data shows that the turnaround has not quite come for the 90003 ZIP Code, where the home is. As of March, values had fallen about 27% from a year earlier. A total of 19 homes sold in  March with a median price of $125 per square foot, according to real estate research firm DataQuick of San Diego.

New federal rules could speed up short-sale process

by Short Sale Agent Jerry Gusman on 05/04/12

New federal rules could speed up short-sale process

WASHINGTON — If you're one of the estimated 11 million homeowners burdened with an underwater mortgage, a new federal policy change could be good news: Starting in June, when you want to do a short sale to shed your mortgage and avoid foreclosure, you may not have to wait for months to hear back from your bank when you submit an offer from a potential purchaser.

Instead, if your loan is owned or securitized by either of the dominant conventional mortgage market players — Fannie Mae or Freddie Mac — you can expect a response within 30 business days, with a final decision taking no more than 60 days. If you don't hear back during the first 30 days, the bank will be required to send you weekly updates telling you precisely where the holdups are and when they are likely to be resolved. None of this is typical of short-sale procedures today. Banks and loan servicers that don't comply will face monetary and other penalties.

The mandatory timelines, which real estate and mortgage industry experts say should help speed up what traditionally has been a glacial process, are being imposed by the Federal Housing Finance Agency, the regulatory overseer of Fannie and Freddie in conservatorship. Short sales, in which the lender or loan servicer agrees to accept less than the full amount owed by the borrower, represent an important alternative to foreclosure.

Although short sales can be complex and messy, and can take anywhere from several months to more than a year to complete, they are turning into a mainstay of the real estate market. According to a report from the foreclosure data firm RealtyTrac, short sales jumped 33% in January compared with the same month the year before. In 12 states — including California, Arizona, Colorado, Florida, New York and New Jersey — there were more short sales recorded during January than sales of foreclosed properties.

This trend is welcome, regulators say, but the time required to complete short sales is still far too long. The 30-day and 60-day mandates address just one of the key points of delay in the process, but regulators promise a series of additional steps during the coming months designed to speed transactions. They include clearer guidelines on borrower eligibility, property valuations, compensation for lenders holding second liens and mortgage insurance issues. All of these are points of friction that can delay short sales for weeks or months.

Realty agents who specialize in short sales say setting mandatory timelines is a step in the right direction but won't solve all the problems. The new rules and promises of more "are great if they really happen," said broker Erik Berry of Erik Berry & Associates in Sacramento. Short sales that his firm handles take an average of "about six months" from start to finish on Fannie-Freddie loans. But FHA transactions, which will not be affected by the new regulations, average much longer, and sometimes drag on for a year.

Berry also is skeptical that banks and servicers will be able to reform their staffing practices quickly enough to meet the compressed timelines — even if penalties are imposed. In some cases, he said, banks switch personnel and negotiators five or six times over the course of a short sale.

"You're dealing with one person one day and they say, 'Don't worry, everything's fine,' then suddenly they're gone and you never hear from them again," Berry said, leaving the deal stalled for weeks.

Matt Battiata, whose Battiata Real Estate Group in Del Mar, Calif., handles hundreds of short sales a year, said a reliable, 60-day decision deadline for responses to offers will be helpful — 30 days better than the 90-day average he now sees from banks — but the whole process will still take longer than traditional sales. For clients seeking to do short sales today, Battiata estimates five to six months from offer to closing.

Some of the complications inherent in short sales are beyond the control of regulators or banks, he pointed out. For instance, buyers put in offers to purchase but then change their minds, forcing the sellers and brokers to come up with replacement offers and the bank to reset the clock to analyze the new package.

The take-away for potential short sellers: Be aware of the new moves afoot to streamline the process, but don't expect miracles.

Wells Fargo doubles down on housing

by Short Sale Agent Jerry Gusman on 05/02/12

Wells Fargo doubles down on housing

At the start of the financial crisis in 2007, the top four retail banks — Bank of America, Citigroup, JPMorgan Chase and Wells Fargo — were printing money by turning residential mortgages into securities of various toxic flavors and selling them to investors. In many cases, these securities were deliberately fraudulent, part of a breakdown in the legal protections against such activities put in place during the Great Depression.

Wind the clock forward to 2012 and three of these four behemoths have largely withdrawn from the secondary market for home loans, especially loans purchased from other banks. Weighed down by litigation and other concerns, Bank America, Citi and JPMorgan have been withdrawing from most aspects of the market for real estate finance other than writing new business for their own portfolios and then only profitable business.

But the last of the four banks, Wells Fargo, has thrown caution to the wind and is aggressively writing new business in both residential and commercial real estate loans. The $1.3 trillion asset lender is now the dominant player in the secondary market for mortgage loans and has actually managed to grow its market share and assets when other large banks are shrinking their books.

In New York City, for example, the backyard of JPMorgan and Citigroup, Wells has become the leading lender to commercial property developers. One of the oldest and most respected players in the New York commercial real estate community tells HousingWire that Wells is writing business that is at least half a point lower in cost than loans available from other banks and with far easier terms.

In residential, Wells Fargo enjoys a market share above 25% and continues to grow and grow. This hyper-aggressive stance is not hard to explain.  Unlike the other zombie banks, Wells does not have a significant securities or capital markets business to fall back on, not that these markets are doing particularly well at present.  The only significant business line that Wells can use to support its earnings and balance sheet is real estate lending. Thus the quality of the bank’s future earnings are largely a function of whether the U.S. real estate market starts to recover in earnest.

The other issue for Wells is that it needs to keep adding new business and revenue to stay ahead of the cost of resolving bad loans still on the books or in process between foreclosure and disposal. Like all of the largest banks, Wells has been dragging its feet on resolving bad assets because delay is the only option. By focusing its sales of REO on those properties with the lowest “loss given default,” Wells is able to make its bad loan position look better than it really is and also keep the weight of loss from hurting earnings.

There is an old saying on Wall Street that when a company does not say anything to investors and the analyst community, then it is all bad. Since the start of the crisis, Wells has made an art form out of failure to disclose, particularly when it comes to the credit loss, doubtful and past-due experience on the bank’s retained loan portfolio and related loss reserves. While Wells’ peers among the largest banks have increased written and oral disclosure regarding loan losses and related data during the past three years, Wells consistently has stonewalled the investment and analyst communities. Most recently, Wells has even defied a subpoena from the SEC, failing to produce documents for a formal investigation regarding possible fraud in the creation of residential mortgage backed securities that the bank sees as “inappropriate.”

Today in many metropolitan areas around the U.S., Wells is the most aggressive lender in the marketplace — and also the least willing to share its credits with other banks. Whereas in the past Wells would invite the likes of Comercia or FifthThird into a commercial transaction, today the bank rarely syndicates credits and almost always retains its own production internally rather than sell the credits to investors.

Wells is now also the chief protagonist of the smaller banks. The San Francisco-based giant has turned converting the residential mortgage customers of smaller banks into an art form.

The aggressive posture of Wells stands in sharp contrast to the other three TBTF banks — JPM, BAC and C — which have largely stepped back from correspondent lending and have also seen their market share overall in terms of new mortgage originations fall sharply relative to Wells. One former Wells banker said to me at the HousingWire REthink conference: “At Wells you do the business first, then figure out the issues later. They are the most aggressive lender in the U.S. and have been for some time.”

Several participants at the HW conference told me that Wells is literally buying market share by writing loans which are not economic, but then enhance current earnings by booking the estimated value of the “customer relationship” up front in the quarter when the loan is closed. If this type of accounting gimmickry makes you recall the days of the dot.com bubble, then you are on the right page.

A representative of one of the largest buy-side mortgage conduits in the U.S. told Institutional Risk Analytics that the accounting treatment of “customer relationships” by Wells is allowing the bank to take market share from all other lenders, large and small, but that the medium-term impact on the bank’s balance sheet and earnings could be decidedly negative when the bank eventually is forced to moderate its aggressive sales tactics.

Alan Boyce of Absalon told the REthink conference that Basel III and litigation risk are causing the largest banks to exit the mortgage market. He contends that Wells is “the last man standing” in the mortgage origination sector, but that even this giant lender will be forced out of the mortgage market by regulatory changes such as Basel III that make it impossible for banks to retain MSRs.

David Akre of Whole Loan Capital also noted at REthink that many smaller banks are no longer willing to selling loans servicing released to Wells, but that the rules put in place by the housing GSEs are making it impossible for smaller banks to sell mortgage servicing rights. Akre reckons that unless the GSEs change their rules regarding loan putbacks and MSRs, the shrinkage mortgage origination by smaller players will continue.

Overall, most of the participants at the REthink conference predicted that home prices will likely trend lower through 2012, but then stabilize and move sideways for years.

The combination of a shrinking pool of financing, large inventories of unsold homes, negative regulatory changes such as Basel III, and a dwindling pool of qualified borrowers adds up to a continued decline in the rate of home ownership in the U.S.

But to the point about Wells Fargo, the bank’s aggressive lending to both retail and commercial borrowers could come back to haunt the giant lender in years to come. Many of those commercial property financings that the largest U.S. mortgage lending is putting on its books in the New York market are premised on the idea of rising lease rates in the next few years, but nothing could be further from the case.

In fact, say most of the commercial real estate developers I know in New York, lease rates are likely to keep trending lower over the next few years as the oversupply of real estate starts to become a glut.

Some of the most prominent office buildings in the city are half empty, including the showcase structure at 9 West 57th St. where your humble commentator is writing this missive. The developers are pulling the space off the market rather than accept the $50-60 per square foot that is commonly paid for prime Manhattan office space today.

The private equity firms that are buying these Manhattan commercial deals funded with loans from Wells Fargo are assuming that the Silicon Valley world of media is somehow going to soak up all of the empty commercial space in New York City, a fantastic delusion that seems to also appeal to New York Mayor Michael Bloomberg.

But the sad fact is that most of the large financial institutions I know are pushing back against rent increases in major New York properties – and moving offices to reduce expenses. Thus one has to wonder whether Wells Fargo won’t be feeling a bit of indigestion from its headlong pursuit of market share in the U.S. real estate market. Stay tuned.

Christopher Whalen is a regular columnist for HousingWire and senior managing director of Tangent Capital Partners.

Lower than 720 FICO score? No mortgage for you!

by Short Sale Agent Jerry Gusman on 05/02/12

Lower than 720 FICO score? No mortgage for you!

A survey released Monday by the Fed told us something we’ve known for a while (well, since the housing bust): Those with bad credit can’t get a mortgage. 

Now, lets break that down by score and down payment: 

Forty-three of the 52 banks surveyed said they weren’t as likely to give a mortgage to those with a FICO score of 620 and a down payment of 10% than they were in 2006. Even when the down payment was bumped up to 20%, 37 banks still gave it the thumbs down.

Even those with a better score still had it a bit rough. With a score of 680 and a down payment of 10%, 36 banks said they were less likely than in 2006 to make the loan. That group fared slightly better when the down payment was 20%, with only 15 banks saying they were less likely to make the loan — four more were even more likely to go through with the deal.

When the FICO score hit 720, the difference between now and then was decently minimal. With 10% down, 37 banks said they would be just as likely to make the loan now as they were in 2006, with 12 banks saying less likely and 3 saying more likely.

Those high scorers did even better when the down payment increased to 20%. Five banks said they were less likely, six said they were more likely and a whopping 41 banks said they were just as likely.

All of this very interestingly sticks to the results that the National Association of Realtors gathered last month. Though it would have been interesting to see the Fed’s results for those with credit scores of 740 and above, since NAR has them much more likely to get a mortgage than before. 

Given that these new tightened standards are a follow up to U.S. home prices nose-diving by about one third, the banks getting picker have helped to affirm the finding from my blog on Friday that credit standards are loosening in everywhere except mortgages. Auto loans, credit cards, you name it.

Odds are, you probably can’t have a mortgage unless you’re sitting on a 720 FICO score.

California foreclosure relief bills take an unusual route

by Short Sale Agent Jerry Gusman on 04/29/12

California foreclosure relief bills take an unusual route

Foreclosed house

SACRAMENTO -- Democrats in the state Legislature are trying to do an end run around opponents of controversial mortgage foreclosure relief bills.

They sent the bills, which would beef up homeowners' legal rights during foreclosure proceedings, to a two-house conference committee rather than risk not getting enough votes to pass the Senate and Assembly banking committees. It's an unusual move this early in the session.

The bills are opposed by mortgage bankers and the business community in general. A number of business-friendly, so-called moderate Democrats voted against similar proposals during the last two legislative sessions, despite record numbers of foreclosures in California.

The California Chamber of Commerce says passage of the legislation would further depress property values and "dry up credit for consumers by forestalling legitimate foreclosure proceedings against delinquent borrowers."

The conference committee, made up of three members from each of the two houses, is expected to start the hearing as early as next week. Such a committee can be convened only with the approval of the Senate president pro tem and Assembly speaker.

The bills were scheduled to be heard in the Assembly last Monday but were pulled from the committee file at the last minute. A similar hearing in he Senate also was canceled later in the week.

Two of the bills, AB 1602 by Assemblyman Mike Eng (D-Monterey Park) and SB 1470 by Sen. Mark Leno (D-San Francisco), would prohibit a lender from declaring a default at the same time that the borrower is pursing a modification to make the loan easier to pay down.

Another pair of bills, AB 2425 by Assemblywoman Holly Mitchell (D-Los Angeles) and Sen. Mark DeSaulnier (D-Concord), would require lenders to provide borrowers with a single contact person during foreclosure proceedings and would allow homeowners to sue for damages from an unlawful foreclosure process.

According to Senate President Pro Tem Darrell Steinberg (D-Sacramento), the conference committee is the best way to "expeditiously" negotiate reforms that could win passage from a majority of lawmakers, possibly over the next few weeks.

By going the conference committee route, Steinberg and Assembly Speaker John Perez (D-Los Angeles) can bypass routine committee hearings, where the bills could be killed, and send them directly to the floors of the Assembly and Senate for final votes.

The four bills are the most contentious elements of a legislative package called the Homeowner Bill of Rights, which is being sponsored by California Atty. Gen. Kamala D. Harris.

The bill of rights, Harris said, is meant to write into California law and broaden the effect of a nationwide foreclosure legal settlement that is projected to provide up to $18 billion in financial assistance to California homeowners.

"There are more than 500,000 California homeowners in the foreclosure pipeline, and securing them the protections of the Homeowner Bill of Rights is my central concern," Harris said. "I am sure these reforms will receive thoughtful attention and discussion in the legislative conference committee."

Inland Empire Home sales market still sluggish

by Short Sale Agent Jerry Gusman on 04/28/12

Home sales market still sluggish

/AP
Home sales in the Inland Empire area continued to be slow last month, because of not enough jobs and not enough inventory

Home sales are generally expected to increase when the holidays appear in consumers’ rear-view mirror, but the activity recorded in March does not add up to much movement in residential real estate, a report released Tuesday found.

In fact, fewer homes changed hands in Inland Southern California last month than in March 2011, according to the report from DataQuick, a San Diego-based real estate tracking firm. There were 3,756 houses and condominiums sold in Riverside County last month and 2,544 sales in San Bernardino County,

Overall that’s a decline of about 2 percent from March 2011. Late winter and early spring is considered one of the peak seasons for home shopping.

Across Southern California’s six counties, sales were 2.8 percent higher than March 2011. Orange County saw a healthy 9.2 percent jump, and the two Inland counties were the only ones that did not match the 2011 sales total.

John Walsh, president of DataQuick, called the year-over-year gains “modest.”

“The year is young and lots could still change, but the results from the first big sales month of 2012 suggest the market is stuck in low gear,” Walsh said in an emailed statement. “This remains a very gradual — not to mention fragile — recovery.”

Median sales prices in Inland Southern California have fluctuated very little in the last two years. The median price of a Riverside home that changed hands in March was $198,000, and $150,000 in San Bernardino County. Median prices, where half the sales were higher and half lower, increased from February to March by about $16,000.

The median prices for both counties are well less than half of where they were at their peaks in late 2006.

Real estate analysts and people who work in the field say that banks and other lenders that have taken over foreclosed properties are reluctant to sell them, which is slowing up sales. DataQuick spokesman Andrew LePage said that in March 2011, 49.5 percent of all sales in San Bernardino County were foreclosures, and 44.8 percent in Riverside County.

But in March 2012, that was down to 44.2 percent in San Bernardino County and 38.9 percent in Riverside County.

Local brokerage, called the market “slow as molasses” right now, and said the banks, by holding onto properties, are not helping.

“You have to do a lot of footwork to get a sale done.”. “There’s not a lot of good stuff out there, especially in the lower price range.”

DataQuick’s figures are based on sales that closed and were recorded at county courthouses in March, meaning that the data reported Tuesday was for deals mostly signed around the first part of February. Rich Simonin, co-owner of Westcoe Realtors in Riverside, said that sales have actually picked up since then, at least in Riverside.

But Simonin agrees that there is not enough inventory.

“The banks have still not put many of their foreclosures on the market. We don’t even know where they are,” Simonin said. “I’ve stopped trying to figure the banks out.”

He added that he thinks there’s a market for these properties, including individuals who want their own homes and investors who see properties as rental opportunities.

“Plenty of people want to take advantage of the low interest rates and prices,” Simonin said. “I think it’s a healthy mix.”

Steve Johnson, Riverside director of MetroStudy, a real estate consulting firm, said banks and other lenders are being cautious. There are government programs in the works to allow homeowners to reset loan terms under certain conditions, and the banks are also developing pools of properties for investors.

“They’re waiting to see if these programs will have an effect,” Johnson said.

Esmael Adibi, chief economist at Chapman University, said it wasn’t surprising that sales in the Inland area were lagging, and he said it was a matter of consumer demand. People who have gone through a foreclosure or a short sale in the last few years have damaged their credit scores, and that won’t improve for at least a few years. That puts these people on the sidelines, he said

Also, the job market, despite an encouraging six months, has been slower to recover in Riverside and San Bernardino counties than other areas, especially Orange County. Unemployment in the Inland area was at 12.5 percent in the Inland counties in February, compared to 8 percent in Orange County.

“There needs to be meaningful job creation and a sharp decline in the unemployment rate,” Adibi said. “It will be a gradual process, but we need to see renters with decent credit get decent jobs.”

Riverside Man who reoccupied home found in contempt

by Short Sale Agent Jerry Gusman on 04/28/12

Riverside Man who reoccupied home found in contempt

STAN LIM/STAFF PHOTOGRAPHER
Arturo de los Santos stands outside his home overlooking the media presence in front on Feb. 21.

A Riverside family who moved back into their home in December after being evicted by lenders has five days to vacate the property, according to a ruling Friday in Riverside County Superior Court.

Judge John W. Vineyard found Arturo de los Santos, 46-year-old husband and father of four, guilty of contempt of court for violating a previous order when he reoccupied the home. The judge granted possession of the Layton Court property to the Federal Home Loan Mortgage Corp. but allotted five days for the family to move out or appeal the decision.

De los Santos said after the hearing that he has the money to pay the mortgage on the home and wants to pay it. He said he will continue to try to persuade Freddie Mac to work with him for five more days. Otherwise, he said, they’ll have to move.

“We’re not asking for anything special,” de los Santos said after the hearing. “We just want the bank to give us a new contract. We don’t understand why they don’t want to accept our payments.”

Brad German, a spokesman for Freddie Mac in Virginia, said the foreclosure and previous eviction processes were lawfully completed and the mortgage has been extinguished. Obtaining a new Freddie Mac mortgage after a foreclosure would require seven years of re-established credit history.

“This is the only way to reduce further losses on a mortgage that hasn’t been paid in more than two-and-a-half years,” German said after Friday’s hearing.

De los Santos, a factory supervisor and former Marine, bought the three-bedroom home in 2003 and applied for a loan modification in 2009. He said he tried multiple times to obtain a modification and had made several on-time payments in a trial modification when the loan servicer, J.P. Morgan Chase, told him to stop. He said he was denied a modification because his income was too high.

Lenders foreclosed on the property in November 2010, German said.

De los Santos testified that he had sought legal help after the foreclosure and was advised to file for bankruptcy protection to halt the eviction. It was subsequently delayed, but then resumed when the bankruptcy was dismissed.

De los Santos said his then-representatives had told him the day before the June 2011 eviction that everything was fine and that he found out his family was being evicted when his wife called him that morning at work.

Jason Short, an attorney representing Freddie Mac, said notice was provided prior to the earlier eviction date; a second posting is not required if it’s done within 180 days.

The de los Santos family moved to an apartment in Santa Ana. Months later, their Riverside house remained vacant. De los Santos said in court that he’d tried loan modifications, he’d tried working directly with the bank and he’d tried working through an attorney, and he did not want to lose the house.

He said he knew he was trespassing but hoped by reoccupying the house he might persuade the bank to sit down with him. “I wanted my kids to grow up in that neighborhood,” he said.

De los Santos made the action public, teaming up with a national Occupy Our Homes campaign initiated by Occupy Wall Street and other grassroots organizations. The locks had been changed, and he said he got in by removing the hinges from the garage door.

De los Santos’ current attorney, Jorge Gonzalez, argued that his client did not fully understand the practical implications of violating a judicial order. Real estate law is technical and difficult to understand for a lay person, the attorney said; de los Santos relied on legal advisers and was unaware of what was happening until it was too late.

Gonzalez said the de los Santos case is part of a “tsunami of horrendous events” related to foreclosures across the country.

German said Freddie Mac has enabled more than 615,000 distressed borrowers to avoid foreclosure since the housing crisis began through loan modifications, forbearances and other means. Of those, 97,000 have been in California.

De los Santos was flanked on the courthouse steps after the hearing by about 20 supporters, many of them members of Occupy Riverside and the Alliance of Californians for Community Empowerment, who shouted, “Give us our house back, Freddie Mac.”

De los Santos said he maintains a little hope that he may be able to work something out in the coming days.

“We’re already in the house,” he said. “We have sufficient income. Why have somebody move out to move somebody back in?”

Orange County Spring homebuying up 11% vs. ’11

by Short Sale Agent Jerry Gusman on 04/28/12

Orange County Spring homebuying up 11% vs. ’11

The spring homebuying season looks strong with early April sales 11 percent ahead of a year ago.

Highlights of DataQuick’s Orange County homebuying report. For the 22 business days ending April 9 — the latest numbers — Orange County’s real estate market saw …

  • Median selling price for all residences of $403,500 — that is off 6.2% vs. a year ago.
  • Total Orange County sales of 2,911 residences closed in the latest period — that is up 11.4% vs. a year ago.
  • Note: 17 of 83 Orange County ZIPs had both rising sales and prices in the period. Is your ZIP one of those neighborhoods? To see, CLICK HERE!

Here’s the breakdown of recent activity by key category; included is how the latest results compare to the average monthly sales pace from 1988 through 2011:

Slice Price Price vs. year ago Sales Sales vs. year ago Sales vs. ’88-’11 avg.
Houses $464,500 -3.2% 1,886 +13.1% -15.4%
Condos $262,750 -10.9% 881 +14.3% 3.1%
New $589,000 +13.4% 144 -18.2% -71.8%
All O.C. $403,500 -6.2% 2,911 +11.4% -19.1%

And more analysis ….

  • $403,500 median selling price is 37% below June 2007?s peak of $645,000.
  • Current price is 10.3% below 2010?s peak (May and July) of $450,000; 2% below end of 2010?s median ($410,000.)
  • The most recent median is 9% above the cyclical low hit in January 2009 at $370,000 — so the median has recouped 12% of the $275,000 price drop from the peak.
  • Compared to cyclical low, single-family house median is 11% higher ($418,250 in January 2009); condo median is 4% higher ($252,000 in March 2009.) Builder prices for new homes are 39% above June 2009?s $424,000 bottom.
  • The median selling price of a single-family home is 37% less than their peak pricing (June ’07). Condos sell 44% below their peak in March 2006. Builder prices for new homes are 32% below their February ’05 top.
  • Single-family homes were 77% more expensive than condos in this period vs. 63% a year ago. From 1988-2011, the average house/condo gap was 58%.
  • Builder’s new homes sales were 5% of all residences sold in the period vs. 7% a year ago. From 1988-2011, builders did 14% of the Orange County homeselling.

C.A.R. Sponsoring Bill Preventing Foreclosures with Approved Short Sales

by Short Sale Agent Jerry Gusman on 04/27/12

C.A.R. Sponsoring Bill Preventing Foreclosures with Approved Short Sales

The California Association of Realtors (C.A.R.) announced its sponsoring a bill that will prevent California homeowners from going into foreclosure if they have negotiated a short sale with their lender or servicer.

Assembly Bill 1745 (Torres, D-Pomona) prevents lenders or servicers from recording a notice of sale if a short sale has been approved.

The bill is scheduled for hearing on April 30 by the Assembly Banking and Finance Committee.

The bill would also allow the mortgagee, trustee, beneficiary, or authorized agent to withdraw a short sale approval if a condition in which approval was granted has changed. The bill would require a written notice to the seller no less than 3 days before withdrawing approval, with an explanation of the decision change.

California Attorney General Kamala D. Harris recently introduced her Homeowner Bill of Rights, one of which had a similar provision that prevents dual tracking, or the practice in which a lender proceeds with a foreclosure on a homeowner who is also trying to pursue a loan modification.

Legislators delayed voting on the bill last week before Harris was scheduled to testify. ABC News 10 reported that the California Bankers Association opposed the ban on dual tracking stating it only delays the inevitable.

What an Extension of the Mortgage Debt Relief Act Could Mean

by Short Sale Agent Jerry Gusman on 04/27/12

According to a preliminary report released by LPS, 2,060,000 properties are in foreclosure inventory. As of the end of the 2011 fourth quarter, 11.1 million borrowers were reported to be underwater, according CoreLogic.

That’s a lot of potential debt to be forgiven, but through the Mortgage Debt Relief Act of 2007, homeowners get a break from paying taxes on their forgiven debt – whether it was forgiven through a short sale, foreclosure, or a modification. The act though, is set to expire at the end of this year.

“The scheduled expiration of the mortgage debt relief law means a whole lot of uncertainty for a whole lot of underwater homeowners who are in the process of foreclosure,” said Lance Denha, Esq., of the Law Offices of Lance Denha.

If extended, this could lead to thousands in savings for the individual borrower. For example, depending on one’s tax bracket, every $10,000 in forgiven debt could incur as much as $1,500 to $3,500 in federal taxes. Thus, if $100,000 in mortgage debt is forgiven after a foreclosure, this could mean $15,000 to $35,000 in taxes owed for the borrower.

The Law Office of Lance Denha warned that rushing to hand over a deed before the December 31 expiration date could become a mistake though if Congress ends up extending the debt relief act, which it may.

“Obama did include it in his budget, to extend it to 2014,” said Mark Luscombe, a principal analyst for tax research firm CCH, in a statement. “Congress….. might decide it’s not as crucial as extending the tax breaks that already expired at the end of last year.”

That doesn’t mean Congress won’t eventually act to extend the relief, Luscombe said.

“Usually the only fight about these things is finding a way to pay for it,” he said.

The administration is proposing to extend the act until January 1, 2015.

What an Extension of the Mortgage Debt Relief Act Could Mean

The criteria to have forgiven debt excluded as taxable income is the debt must be from a primary residence and the debt must be used to buy, build or substantially improve a primary residence.

Also, the exclusion applies only to acquisition debt up to $2 million, or $1 million for married taxpayers filing separately.

The Law Office of Lance Denha is a multistate law firm that helps defend wrongful foreclosures against homeowners.

Three Nonprofits Join to Transform Vacant REOs into Future Residences

by Short Sale Agent Jerry Gusman on 04/24/12

Three Nonprofits Join to Transform Vacant REOs into Future Residences

Three nonprofits are working together toward an effort to rehabilitate vacant REO properties and support homeownership. Rebuilding Together, NeighborWorks America, and the National Community Stabilization Trust are committing to a three-year partnership to turn vacant and dilapidated properties into affordable homes in the communities they serve.

“Bringing stability back to neighborhoods hard hit by foreclosures will take new innovative collaborations between partners with the insight, resources, and expertise to impact change,” said Craig Nickerson, president of the National Community Stabilization Trust.

The joint initiative focuses on three areas. The first is providing training for local Rebuilding Together affiliates to operate programs to acquire, rehabilitate, and resell REO properties to help stabilize communities affected by foreclosure.

As part of an asset-building strategy for its affiliates, Rebuilding Together is creating a pilot REO fund to assist its local affiliates in acquiring and remediat REO properties.

Once rehabilitated, the properties will be sold at affordable prices to low- or moderate-income homebuyers in the community.

The National Community Stabilization Trust will provide Rebuilding Together affiliates with access to listings of REO properties and other services to locate and acquire the properties to be resold.

The second is the expansion of NeighborWorks America’s Loan Modification Scam Alert campaign, which educates homeowners on protecting themselves against loan modification scams.

Finally, the partnership will provide one local Rebuilding Together affiliate with an opportunity to participate in the NeighborWorks America board governance program, which trains nonprofits to more effectively use existing tools and resources to improve the performance of their governance boards.

Rebuilding Together is a nonprofit working to preserve affordable home ownership and revitalize neighborhoods by providing extensive rehabilitation and modification services to those in need at no cost to those served.

NeighborWorksAmerica creates opportunities for people to improve their lives and strengthen their communities by providing access to homeownership and to safe and affordable rental housing.

The National Community Stabilization Trust is a nonprofit organization that was created to help revitalize neighborhoods affected by the foreclosure crisis. Formed in 2008, Stabilization Trust builds the capacity of state and local governments, and community-based housing organizations to acquire, manage, rehab, and sell foreclosed properties.

Lenders that Sell Short Sales Faster and for Less, According to RealtyTrac

by Short Sale Agent Jerry Gusman on 04/23/12

Lenders that Sell Short Sales Faster and for Less, According to RealtyTrac

Pursuing a short sale is often thought of as a painstaking process, and it’s not uncommon to hear of complaints about slow responses from servicers and last minute rejections on offers. Fortunately, not all lenders/servicers are the same when it comes to dealing with short sales, and RealtyTrac compiled a list of data revealing which institutions tend to move through the process quicker and for less.

Fannie Mae, Freddie Mac, and FHA had the shortest timelines at 193 days in January 2012, a decrease compared to a year ago in January 2011, when short sales averaged 248 days. Ally Financial came in second at 321 days, reducing its timeline as well from 393 days a year ago.
PNC Financial Group was third, taking 353 days, though the bank takes longer than it did a year ago when the it took 206 days. Wells Fargo came in fourth (385 days). Bank of New York Mellon took the fifth longest (402 days), followed by Bank of America (403 days) and Sun Trust (404 days). The short sale timeline includes the time a property starts the foreclosure process to the time it’s sold as a pre-foreclosure property.
Recently, Fannie Mae and Freddie Mac announced new guidelines to take effect in June requiring servicers to respond within 30 days after receiving a short sale offer or a borrower application. Bank of America recently announced that its providing a decision on a short sale offer in 20 days.
In terms of pricing, Fannie Mae, Freddie Mac, and FHA sold homes for the least amount in January 2012, averaging $128,642, a drop from year ago prices in January 2011 when they averaged $160,982. Deutsche Bank’s average price was $132,996, followed by Sun Trust Banks ($144,024), and CitiGroup ($148,411), and PNC Financial Group Inc ($149,332). Bank of America Wells Fargo were the bottom two on the top 10 list, averaging $158,632 and $167,371, respectively, for January 2012.
As for the number of short sales, Bank of America completed the most in January 2012, with 5,276, followed by Chase (2,967), Wells Fargo (2,788), MERS (1,429), and Bank of New York Mellon (1,401).

House Committee Approves Bill to Repeal Dodd-Frank Bailout Fund

by Short Sale Agent Jerry Gusman on 04/23/12

House Committee Approves Bill to Repeal Dodd-Frank Bailout Fund
04/20/2012


The House Financial Services Committee signed off on legislation Wednesday that would repeal bailout funds under the Dodd-Frank Act and more than half the Consumer Financial Protection Bureau’s (CFPB) budget.

Clearing the legislation by a party-line vote, committee members billed it as a way to slash $35 billion from the national deficit.
“Our nation is in a spending-driven debt crisis. The solution isn’t to tax Americans more, it’s for Washington to spend less,” Rep. Spencer Bachus (R-Alabama), who chairs the committee, said in a statement.
The committee said it rejected an amendment offered by Rep. Barney Frank (D-Massachusetts) to replenish bailout funds for systemically important institutions in the event of another financial crisis.
Just what would the bill accomplish?
According to the nonpartisan Congressional Budget Office, it would save taxpayers $10 billion over the next decade by slashing revenue for federal programs and agencies like the Home Affordable Modification Program (HAMP) and CFPB.
The bill proposed doing away with bailout mechanisms under Dodd-Frank, appropriating only $200 million for the CFPB – which has a current budget of $547 million – for the next fiscal year, and undoing HAMP entirely.
HAMP remains an embattled program. The special inspector general for the Troubled Asset Relief Program – under which lawmakers established it in 2009 – found in a recent report that 782,609 permanent loan modifications fell short of the 3 to 4 million homeowners that administration officials said it would help.
News that it disbursed only $2.54 billion of an available $30 billion to homeowners in distress continues to give ammunition to more conservative lawmakers with a desire to do away with it.
Sources tell us that it is unlikely the bill will become law this year. The House will need to take up the bill for a full-chamber vote and the Democratic Senate will need to conference it with similar legislation.

Mission Viejo listings: 36% distressed properties

by Short Sale Agent Jerry Gusman on 04/19/12

Mission Viejo listings: 36% distressed properties

The housing market in Mission Viejo sped up 33 days vs. a year ago as roughly one-third of its listings were distressed properties.

Real estate for sale in Mission Viejo appears chilled by one set of statistics.

Article Tab: image1-Mission Viejo listings: 36% distressed properties

Every two weeks, Steve Thomas of ReportsOnHousing.com publishes a study of the supply of local homes for sale. Here's what the latest report -- as of April 13 -- details about Mission Viejo …

  • 178 residences listed in brokers' MLS system with 165 new deals opening in the past 30 days.
  • By Thomas's math, this community has a "market time" (months in would take to sell all inventory at current pace of new escrows) of 1.08 months vs. 1.08 months found two weeks earlier vs. 2.19 months seen a year earlier. Countywide, latest market time was 1.63 months vs. 3.36 months a year ago.
  • So, homes in this community sell -- in theory -- in 34% less time than the countywide pace.
  • Of the homes listed for sale in this community, 65 were either foreclosures being resold or short sales, where sellers owe more than the home's value. So distressed properties were 36.5% of supply of homes for sale vs. 25.2% countywide.
  • Homes for sale in Mission Viejo represent 2.8% of Orange County inventory -- and 4.1% of all the distressed homes listed for sale in Orange County. New escrows here are 4.2% of all Orange County's new pending sales.

Compare these trends to countywide patterns:

  • Cities with highest level of distressed properties among their listings? Portola Hills was tops -- 66.7% -- followed by Stanton at 65.5% of listings and Anaheim at 54.4% of listings.
  • Fewest? Seal Beach was tops -- 1.7% -- followed by Corona Del Mar at 2.6% of listings and Laguna Beach at 7.3% of listings.

Children Who Lost Homes to Foreclosure: 2.3M, Report Reveals

by Short Sale Agent Jerry Gusman on 04/18/12

Children Who Lost Homes to Foreclosure: 2.3M, Report Reveals

While the term “foreclosure victim” generally brings to mind images of struggling homeowners, one report released by First Focus addressed the impact of foreclosures on an overlooked segment: children.

Julia B. Isaacs of the Brookings Institution authored the report, which revealed five years into the housing crises, 2.3 million children have lost their homes to foreclosure, and 3 million more are at serious risk of losing their home in the future. In addition, approximately three million children were evicted, or may face eviction, from rental properties.

Overall, one in 10 children were found to be affected by foreclosures.

“Children are the often invisible victims of the foreclosure crisis,” said Issacs.

The report discussed four negative ways foreclosures impact children. For one, foreclosed families tend to move, and children who move frequently tend to do worse in school.

Also, research shows financial stress and hardships affect the way parents interact with their children, and more specifically, parents under a lot of stress tend to be less supportive.

Thirdly, foreclosures adversely affect physical as well as mental health, with studies showing higher rates of visits to emergency rooms and hospitals in ZIP codes with the highest foreclosure rates.

Lastly, children living in or near foreclosed homes may be dealing with consequences of foreclosures such as more vacant houses, higher crime rates, lower social cohesion, and a lower tax base.

“Housing disruptions due to foreclosure are just as traumatic for kids as losing their homes to a tornado or hurricane – except this disaster will hit one in ten children,” said First Focus president Bruce Lesley.

The report also stated that children who change schools tend to have lower levels of math and reading achievement compared to their more stable peers. Also, frequent changes in school are associated with higher drop out rates in high school.

The report analyzed the impact of foreclosures among individual states and found that Alaska and North Dakota had the lowest rate, with 2 percent of children affected. Nevada led the country at 19 percent. Other states with high rates of affected children were Florida (15 percent), Arizona (14 percent), California (12 percent), and Michigan (10 percent).

The report makes several suggestions to combat the issue and highlighted a program called McKinney-Vento Education for Homeless Children and Youth, which provides schools with tools to help homeless students stay in school. Loan modifications were also stressed, and the report called for bolder steps to improve the performance of modification programs, including national mortgage servicing standards, the resurrection of 2009 legislation that would amend bankruptcy laws to allow judges to modify residential mortgages, and principal reductions for homeowners under certain circumstances.

First Focus is a bipartisan advocacy organization dedicated to making children and families a priority in federal policy and budget decisions.

Fannie and Freddie Set Timeline Requirements for Short Sales

by Short Sale Agent Jerry Gusman on 04/18/12

Fannie and Freddie Set Timeline Requirements for Short Sales

Beginning June 15, real estate agents working with distressed homeowners whose loans are backed by Fannie Mae and Freddie Mac should expect to receive a decision on a short sale offer within 30-60 days.

The GSEs issued new guidelines Tuesday that fall under the Servicing Alignment Initiative rolled out last fall and aim to bring greater transparency to the short sale process and expedite decisions related to these pre-foreclosure sales.

Not only is a short sale an effective foreclosure alternative when home retention is no longer an option, but it keeps homes occupied and helps to maintain stable communities, according to the Federal Housing Finance Agency (FHFA).

Addressing real estate practitioners’ No. 1 complaint about short sales, FHFA directed Fannie Mae and Freddie Mac to establish a new uniform set of minimum response times that servicers must follow in order to facilitate more efficient short sale transactions.

The GSEs’ new short sale timelines require servicers to make a decision within 30 days of receiving either an offer on a property under the companies’ traditional short sale programs or a completed Borrower Response Package (BRP) requesting short sale consideration, whether it’s through the federal government’s Home Affordable Foreclosure Alternative (HAFA) program or a GSE program.

If more than 30 days are needed, servicers must provide the borrower with weekly status updates and come to a decision no later than 60 days from the date the BRP or offer was received.

According to the GSEs, this 30-day add-on will provide some leeway for servicers who may need more time to obtain a broker price opinion (BPO) or a private mortgage insurer’s approval for a short sale. All decisions must be made within 60 days.

In the event a servicer makes a counteroffer, the borrower is expected to respond within five business days. The servicer must then respond within 10 business days of receiving the borrower’s response.

The GSEs plan to use the new short sale timelines to evaluate servicer compliance with the Servicing Alignment Initiative.

Edward DeMarco, acting director of the FHFA, says the GSEs new borrower communication and timeline requirements for short sales “set minimum standards and provide clear expectations regarding these important foreclosure alternatives.”

GSE servicers must comply with the new minimum communication time frames for all short sale evaluations conducted on or after June 15, 2012, although servicers are encouraged to begin implementing the new requirements sooner.

“I applaud Fannie and Freddie for finally coming out with real guidance with real world timelines for their servicers,” commented Anthony Lamacchia, broker/owner of McGeough Lamacchia Realty Inc., which specializes in short sales. “There is no question that this will help short sales and the market as a whole.”

Last year Freddie Mac completed 45,623 short sales, a 140 percent increase since 2009. Fannie Mae’s short sale completions shot up by 101 percent over the same period, totaling around 79,800 in 2011.


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