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September 2010 - Posts

18-Month Recession ‘Over’ But 18-Month Foreclosure Tradition Rolls On

With all due respect to the Nobel Prize winners and noted economists who serve and have served on the National Bureau of Economic Research (NBER), to a lot of people these days, it just doesn’t feel like the recession is over, no matter what the latest economic data says.

The NBER came out last week to declare that the nation’s latest recession ended June 2009, a long 18 months after it began in December 2007, making it the longest recession post-World War II in the nation’s history. Previously, the recessions of 1973 to 1975 and 1981 to 1982 shared the title of the longest recessions, both measuring 16 months, according to NBER.

Being an election year, it’s going to be tough convincing the average American voter that their lifestyles have been better off since the start of the second half of 2009.

Let’s look at the facts:

Unemployment is still very high. Nationally, unemployment moved up slightly to 9.6 percent in August, little comfort to the millions of ready and willing citizens who can’t find work.

The Bureau of Labor Statistics reported Sept. 21 that 27 states registered over-the-month increases in unemployment rates during August 2010, 13 states reported decreases in those rates, while rates in 10 states — plus the District of Columbia — remained unchanged.

MSNBC reported last week that the latest results of the Adversity Index produced by Moody’s Analytics showed that Nevada, Michigan, Vermont, Rhode Island, Georgia, Mississippi, Illinois and New Mexico were still feeling the pain of recession as late as July 2010.

And let’s not forget that during 2009, when the recession “ended”, the Census Bureau reported that the percentage of Americans living below the poverty line was at a 15-year high, The New York Times reported.

Last, but certainly not least, because it is affected by all the above, is the nation’s foreclosure activity. As RealtyTrac reported in September, the sheer number of foreclosure filings around the country exceeded 300,000 again in August. It was the 18th consecutive month total foreclosure filings has topped the 300,000 mark nationally. In fact, the nation is on track to easily surpass 3 million total foreclosure filings for all of 2010, setting a new yearly record.

Nevada, Georgia and Illinois, three of those states that were still feeling the pain of recession as late as July, according to Moody’s Analytics, are still top vote getters when it comes to having nation-leading foreclosure activity and rates as well.

We don’t know what kind of tea leaves the economists are sipping over at NBER, but maybe they ought to switch to plain black coffee and wake up to the economic reality that so many American homeowners, and voters, are living in.

Published Thu, September 30 2010 1:42 PM by joelc
Nearly One in Four Second-quarter Home Sales a Foreclosure

Nearly One in Four Second-quarter Home Sales a Foreclosure
September 30, 2010, Reuters

Nearly one in every four U.S. homes sold in the second quarter was a deeply discounted foreclosed house, putting the market on pace to work through distressed properties in about three years, RealtyTrac said. Wall Street JournalBloomberg. Los Angeles Times. USA TODAY.


J.P. Morgan Chase to Freeze Foreclosures Over Flawed Paperwork
September 29, 2010, Washington Post

J.P. Morgan Chase, one of the nation's leading banks, announced Wednesday that it will freeze foreclosures in about half the country because of flawed paperwork, a move that Wall Street analysts said will pressure the rest of the industry to follow suit. If other banks adopt the same approach, the foreclosure process in many parts of the country will grind to a halt. The Associated Press said.


Banks Foreclose First, Ask Any Questions Later

September 28, 2010, Bloomberg (Opinion)

There was a time, not long ago, when having a home of your own signaled stability. It was a stake in a community, a place for individuals to come into their own or for families to grow. It was a solemn obligation to a financial institution, a statement of the bank’s faith in you, an investment for old age. So much for that. These days, millions of houses across the country sit empty or shelter owners who can’t or won’t make mortgage payments. The vacancies give lie to the notion of home ownership as a road to stability.


Fitch Begins Review of GMAC
September 29, 2010, Housing Wire

Fitch Ratings is contacting its rated servicers to review internal foreclosure processes after recent problems at GMAC Mortgage will cause higher losses on residential mortgage-backed securities. Last week, GMAC, now Ally Financial, admitted employees signed foreclosure affidavits in 23 states without knowledge of the documents or a notary present. Moody's Investors Service put its servicer rating and billions of dollars in affected RMBS up for review. Several state attorneys general offices have launched investigations.


No-Interest Mortgages? No Chance
September 29, 2010, Wall Street Journal

Imagine financing a home purchase with a no-interest mortgage. You probably never would want to move again. Granted, it is doubtful that you will ever have that luxury. But if rates continue to drop, as some in the mortgage industry suggest they may, mortgage rates could inch in the direction of 0%. The Federal Reserve's recent indication that it is willing to take extraordinary steps to keep the economy growing and continued concerns of deflation may also put pressure on mortgage rates.

Published Thu, September 30 2010 9:51 AM by Octavion
Lawmaker Unveils Mortgage Modification Bill

Lawmaker Unveils Mortgage Modification Bill
September 29, 2010, Reuters

As many as 30 million U.S. homeowners would be able to refinance their mortgage at record low interest rates regardless of their credit situation under a plan unveiled on Tuesday by a Democratic lawmaker.


Ohio, Colorado AGs Start Reviews of GMAC Foreclosures

September 29, 2010, HousingWire

The Ohio Attorney General Richard Cordray and Colorado AG John Suthers joined five other states in a review of the GMAC Mortgage, now Ally Financial, foreclosure issue. Cordray sent a letter to Ohio judges this week requesting state courts make a special review of all foreclosure cases involving GMAC Mortgage, and Suthers sent a letter directly to GMAC, requesting an explanation of what went wrong and any new procedures that have been put in place since.


Lost in the System that Took the House

September 29, 2010, Washington Post

Luis Fernandez's foreclosure documents never looked quite right. Critical papers regarding his Orlando home were missing dates, and some signatures appeared to him to be forged. The mortgage had been sold so often - including once in the middle of the foreclosure process - that at times it was hard to tell which company was trying to seize the house. He challenged the foreclosure in court but failed.  s more of these practices are coming to light, the entire foreclosure system is facing the threat of grinding to a halt. Connecticut, California and Colorado have frozen all foreclosures by one major lender, and other states are pondering whether to follow suit.


Banks Keep Failing, No End in Sight
September 27, 2010, Wall Street Journal

The largest number of bank failures in nearly 20 years has eliminated jobs, accelerated a drought in lending and left the industry's survivors with more power to squeeze customers. Some 279 banks have collapsed since Sept. 25, 2008, when Washington Mutual Inc. became the biggest bank failure on record. That dwarfed the 1984 demise of Continental Illinois, which had only one-seventh of WaMu's assets. The failures of the past two years shattered the pace of the prior six-year period, when only three dozen banks died.


Putting Shadow Inventory Under the Light
September 29, 2010, Fortune

Plenty of terms have been coined during this financial crisis, but none sounds scarier than "shadow inventory." That's the glut of foreclosures and delinquent mortgages that threatens to keep a housing rebound at bay until it's been cleared.


Can You Afford the Yuppie Dream Home?

September 27, 2010, CNN Money.com

The upper-middle class lifestyle has many trappings, including the house. Here's what 4-bedroom, 2-bath homes in good neighborhoods cost across the country, according to Coldwell Banker's annual index.

Published Wed, September 29 2010 8:07 AM by Octavion
Home Prices Rise 0.6 Percent in July from June

Home Prices Rise 0.6 Percent in July from June
September 28, 2010, Associated Press

A national gauge of home prices ticked up in July for the fourth straight month, but many cities are bracing for declines in the year ahead. The price increases were fueled by now-expired homebuyer tax credits. With the peak buying season over, a record number of foreclosures, job concerns and weak demand from buyers are pushing prices down. The Standard & Poor's/Case-Shiller 20-city home price index released Tuesday increased 0.6 percent in July from June. The monthly changes are based on a three-month moving average for May, June and July.


Conn., Calif. Join Probe of Ally
September 28, 2010, Washington Post

Attorneys general in Connecticut and California ordered Ally Financial's GMAC mortgage unit to freeze all foreclosures within their borders, joining a growing list of states investigating whether the firm and other lenders improperly kicked people out of their homes. Illinois, Iowa, North Carolina and Texas have also opened investigations into Ally's lending practices as well as those at other large mortgage companies, officials said.


Fannie Mae Questioned Over Law Firms Under Investigation
September 27, 2010, Sun Sentinel

Congressional leaders — including two Florida representatives and House Financial Services Committee Chairman Barney Frank — are calling on Fannie Mae to explain why the government-owned mortgage giant is retaining the services of four Florida law firms under investigation for allegedly "fabricating or backdating" documents in foreclosure cases.

Published Tue, September 28 2010 8:39 AM by Octavion
GMAC’s Errors Leave Foreclosures in Question

GMAC’s Errors Leave Foreclosures in Question
September 27, 2010, New York Times

The recent admission by a major mortgage lender that it had filed dubious foreclosure documents is likely to fuel a furor against hasty foreclosures, which have prompted complaints nationwide since housing prices collapsed, David Streitfeld writes in The New York Times. Attorneys general in Iowa and North Carolina said they were beginning separate investigations of the lender, and the attorney general in California directed the company to suspend all foreclosures in that state until it “proves that it’s following the letter of the law.”


Save Americans by Sticking It to Them
September 24, 2010, Bloomberg (Opinion)

The banks were saved by the American people. Now who will save the people from the banks? Last week, in a rare and possibly fleeting victory for the little guy, Ally Financial Inc.’s mortgage-servicing unit temporarily halted evictions tied to foreclosures in 23 states. This came after some attorneys for homeowners caught the company saying things that weren’t true in its court filings.


Calif. Atty. General Asks GMAC to Cease Foreclosures
September 24, 2010, Associated Press

California's attorney general wants GMAC Mortgage LLC to stop foreclosures in the state until it proves it is complying with a state law aimed at preventing foreclosures. California Attorney General Jerry Brown said Friday that he directed Ally Financial Inc., which owns GMAC, to prove it is complying with a law that prohibits lenders from taking steps to foreclose on a home before determining if the borrower is eligible for a loan modification.


JPMorgan Based Foreclosures on Faulty Documents, Lawyers Claim
September 26, 2010, Bloomberg

JPMorgan Chase & Co. faces a legal challenge next month that could cast doubt on thousands of foreclosures after a mortgage executive at the bank said she didn’t verify documents used to justify home seizures.  Lawyers for a Palm Beach County, Florida, homeowner asked a judge to throw out a foreclosure as a penalty for misleading the court, according to attorney Tom Ice of Ice Legal PA. They’re citing a May 17 deposition in which the JPMorgan executive said she signed thousands of affidavits and documents supporting the New York-based bank’s claims without personally checking loan records. The court is scheduled to hear arguments Oct. 19.


Banks in Florida, Washington Shut as 2010 Failures Climb to 127
September 24, 2010, Bloomberg

Regulators shut lenders in Florida and Washington amid losses on real-estate loans, pushing the number of U.S. bank failures to 127 for the year. Haven Trust Bank Florida of Ponte Vedra Beach and Arlington, Washington-based North County Bank were closed, according to statements on the website of the Federal Deposit Insurance Corp., which was named receiver. The failures cost the agency’s deposit-insurance fund $104.7 million.

Published Mon, September 27 2010 8:14 AM by Octavion
GMAC’s ‘Robo-Signer’ Opens Legal Avalanche for Lenders

GMAC’s robo-signer Jeffrey Stephan, who allegedly signed 10,000 affidavits tied to mortgages facing foreclosure every month, is about to have his 15minutes of infamy.

This week, Ally Financial Inc., the Detroit-based parent company of GMAC Mortgage, one of the nation’s largest auto and loan servicers, halted foreclosures in 23 states due to questions about thousands of documents signed by Stephan.

A picture is now emerging that so-called robo-signers like Stephan — and others nationwide — are mishandling thousands of foreclosure affidavits that critics say are just as flawed as the lax lending standards that created the mortgage crisis.

In sworn depositions in December and June, Stephan testified that he signed as many as 500 documents a day from GMAC’s office in Fort Washington, Pa., without personal knowledge of the cases on his desk. He said he regularly signed off on thousands of foreclosure affidavits without ever personally reviewing the files associated with the actual loans.

Now, lenders like GMAC are withdrawing the affidavits signed by Stephan, ending hundreds of foreclosures in Florida, Maine, Texas and other judicial foreclosure states.

On Monday, Bloomberg News broke the story that GMAC was halting evictions, cash-for-key transactions and suspending sales of GMAC-owned properties in the 23 states.

GMAC, which was owned by General Motors at the time, specialized in subprime loans during days of the real estate boom. Now the company is saying it will continue the suspension on foreclosure proceedings for at least a few weeks or perhaps until the end of the year.

Currently the moratorium is being carried out in Florida, Connecticut, Illinois, New Jersey, New York and 18 other states, mostly in the Midwest and East Coast. All of the affected states utilize the judicial foreclosures, where courts control the foreclosure process between defaulting borrowers and their lenders.

GMAC, which received billions of dollars in government aid, is concerned about its potential liability for evicting families and selling houses to which it does not have clear title. The federal government is Ally’s majority owner following a $17 billion taxpayer bailout.

GMAC has recently come under fire in Florida’s courts, according to the St. Petersburg Times. Lawyers defending mortgage borrowers have accused GMAC and other lenders, loan servicers and law firms, of foreclosing on homeowners without first verifying that they own the loans they are foreclosing on.

In addition, Florida’s attorney general, William McCollum, is investigating the state’s three largest foreclosure law firms that represent lenders and loan servicers for unfair and deceptive practices, the New York Times reports. The law firms are alleged to have submitted fraudulent documents to the courts. The three “foreclosure mills” — the Law Offices of Marshall C. Watson, in Fort Lauderdale; Shapiro & Fishman, in Tampa; and the Law Offices of David J. Stern, in Tampa — handle about 80 percent of the foreclosure cases in the state.

The Wall Street Journal says the allegations that Stephan and other robo-signers are working for assembly-line foreclosure mills could have wide-ranging repercussions for the mortgage industry.

Florida defense attorney Matt Weidner believes this is a huge story that will throw a gigantic monkey wrench into judicial foreclosures.

What do you think?

Are lenders like GMAC recklessly mass-producing foreclosures for financial gain?

Or are they simply protecting their legal right through the courts?

Published Fri, September 24 2010 3:39 PM by Octavion
Texas, Iowa Start Investigations of GMAC Foreclosure Practices

Texas, Iowa Start Investigations of GMAC Foreclosure Practices
Bloomberg News — September 23, 2010

Attorneys general in Texas and Iowa, following Florida, have started their own investigations into foreclosure practices at Ally Financial Inc.’s GMAC mortgage unit.

Al Franken: Foreclosure Paperwork Scandal Shows Need To Strengthen HAMP
The Huffington Post — September 23, 2010

The revelation that massive numbers of foreclosures may be tainted by bogus paperwork from mortgage servicers is further evidence that the Obama administration's anti-foreclosure efforts need a pro-homeowner boost, says Sen. Al Franken (D-Minn.).

Fannie Mae Announces New Buyer and Seller Incentives for REOs
DSNews — September 23, 2010

With the foreclosure crisis still raging, the nation’s largest mortgage financier has amassed a hefty portfolio of repossessed homes. Fannie Mae took back 68,838 foreclosed properties in the second quarter alone. In the first quarter of this year, the company added 61,929 new REOs to its inventory.

'Second Look' Helps Out Borrowers
The Wall Street Journal — September 24, 2010

When a borrower hears a "no" from the bank, sometimes it really means "maybe."

U.S. Home Sales in August Matched Modest Forecasts
The New York Times — September 23, 2010

Home sales stabilized in August after a deep tumble in July, a development that, in the context of a severely troubled housing market, counts as good news.

Published Fri, September 24 2010 9:12 AM by joelc
Under piles of paperwork, a foreclosure system in chaos

Under piles of paperwork, a foreclosure system in chaos
The Washington Post — September 23, 2010

The nation's overburdened foreclosure system is riddled with faked documents, forged signatures and lenders who take shortcuts reviewing borrower's files, according to court documents and interviews with attorneys, housing advocates and company officials.

Borrowers leaving foreclosure-relief program
Associated Press — September 23, 2010

WASHINGTON — The Obama administration’s flagship mortgage-relief effort is failing to ease the foreclosure crisis as more than half of those who have enrolled have fallen out of the program.

Right to Rent could change the nation's foreclosure crisis: CEPR
HousingWire — September 22, 2010

In the wake of reform enacted to promote homeownership, analysts at the Center for Economic and Policy Research are saying that ownership may not be the smartest option. In a report released today, The Gains from Right to Rent in 2010, the CEPR suggests that giving homeowners the right to rent their house at a fair market price could be a game changer in the nation's foreclosure crisis.

Banks Pressed on Sour Home Loans
Wall Street Journal — September 23, 2010

Big U.S. banks are facing legal pressure to make up for losses tied to pools of soured low-end mortgage loans.

Recession drags on in politically key states
MSNBC — September 22, 2010

The recession may have ended in June 2009, according to a panel of respected economists, but try telling that to people in eight states still not enjoying the recovery, limp as it may be.

Published Thu, September 23 2010 8:35 AM by joelc
Tip of Titanic iceberg: GMAC Mortgage halts foreclosures to fix flawed process

Tip of Titanic iceberg: GMAC Mortgage halts foreclosures to fix flawed process
September 21, 2010 — St. Petersburg Times

Wake up and good morning. We are reminded again of one of the biggest messes -- and that's a competitive world -- in Florida these days: Banks and their law firms pushing to foreclose on homes without proper paperwork and without following court-mandated procedures. In this case, the screw-up belongs to Ally Financial Inc., whose GMAC Mortgage unit halted evictions in Florida and 22 other states amid allegations of mishandled affidavits. So says a Bloomberg News story.

Foreclosure errors could snag other lenders
September 22, 2010 — The Washington Post

Some of the nation's largest mortgage companies used a single document processor who said he signed off on foreclosures without having read the paperwork - an admission that may open the door for homeowners across the country to challenge foreclosure proceedings.

Housing Starts in August Exceeded Analysts’ Forecasts
September 21, 2010 — Reuters

WASHINGTON — Housing starts in the United States increased more than expected in August, to their highest level in four months, and permits for residential construction also rose, government data showed on Tuesday, suggesting that the embattled market was starting to stabilize after the end of a tax credit.

New Push on Home-Loan Disclosure
September 22, 2010 — The Wall Street Journal

Elizabeth Warren and Treasury Secretary Timothy Geithner on Tuesday brought together consumer groups, mortgage-industry officials and other housing representatives for talks on the Obama administration's plan to simplify mortgage-disclosure documents.

Bank of America permanent HAMP mods drop 18.6% in August
September 21, 2010 — HousingWire

Bank of America converted 3,559 trial mods into permanent status through the Home Affordable Modification Program in August, down 18.6% from the 4,300 done July and less than half the amount done in June.

Published Wed, September 22 2010 9:12 AM by joelc
Shadow inventory stepping into the light

Shadow inventory stepping into the light
September 20, 2010 — Inman News

The loan modification programs were certainly successful in delaying the inevitable: foreclosure. As shown in the chart below, there are now approximately 2.5 million foreclosures in process, and another 2.5 million mortgages that are 90-plus days delinquent. These numbers will trend down, while bank-owned properties (REOs) -- currently there are 562,000 REOs -- and short sales will trend up.

Homebuilders' confidence stuck at 18-month low
September 21, 2010 — Associated Press

WASHINGTON — Homebuilders' confidence in the housing market stayed this month at the lowest level in 18 months, and more are worried that the traffic of potential buyers is falling.

Loan originators scramble to get licenses, keep jobs
September 21, 2010 — The Press-Enterprise

As part of a federal drive to protect consumers and the nation against another credit meltdown and storm of foreclosures, mortgage loan officers are scrambling to qualify for the first professional licenses meant to prove they know their profession's ethics and laws.

One year of First Look: Fannie Mae sells 29,000 REOs to owner occupants
September 20, 2010 — HousingWire

A year into its First Look program, Fannie Mae vendors have sold 29,000 REO properties to owner-occupants and 5,000 to public entities under the Neighborhood Stabilization Program.

Ally Financial denies foreclosure moratorium
September 20, 2010 — HousingWire

Ally Financial, formerly GMAC Mortgage, said previous reports of a foreclosure moratorium in 23 states are not true, and it is instead addressing an issue raised with the execution of one or more judicially required forms.

Published Tue, September 21 2010 9:49 AM by joelc
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