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November 2010 - Posts

Case-Shiller, by Metro Area

A Look at Case-Shiller, by Metro Area
November 30, 2010, Wall Street Journal

The S&P/Case-Shiller national home price index, which is released on a quarterly basis, posted a 2% decline from the previous quarter and are 1.5% below year-earlier levels. On a monthly basis, 18 cities notched declines from August, compared to 15 month-on-month drops in August and just eight the July report. Seasonal variations can distort month-on-month comparisons. Based on a seasonal adjustment calculated by S&P, no city posted a monthly home-price increase in September.


Fannie and Freddie Give Green Light to Resume Sales of Foreclosures
November 29, 2010, Housing Wire

Fannie Mae and Freddie Mac gave real estate agents the green light to resume selling foreclosed homes, after suspending the process as the robo-signing debacle unfolded the past two months. Freddie told agents in a memo last week to "resume all normal sales activity," as the government-sponsored enterprise will "resume marketing, sales and disposing of assets previously placed 'on hold.'"


Collier Home Flipper Contacted About ‘Foreclosures in Paradise’ Show
November 29, 2010, Naples News

In 2009, Glenn Vereen started off as a one-man show. He began bidding at public foreclosure auctions held at the Collier County courthouse off U.S. 41 East. As the foreclosure crisis has grown, so has his business of buying, fixing up and selling troubled homes.


The Fed and Foreclosures

November 28-, 2010, New York Times

There are two sides to every delinquent loan — a lender who made a bad lending decision and a borrower who cannot repay. Yet, banks have never acted as if they bear responsibility for the mortgage mess. They have pursued foreclosures in violation of borrowers’ rights to due process, as revealed by the recent robo-signing scandal. And, despite having been bailed out for their mistakes, they have pursued their self-interest, not the public interest, when it comes to modifying bad loans.

Published Tue, November 30 2010 9:28 AM by Octavion
Don’t Just Tell Us. Show Us That You Can Foreclose

Don’t Just Tell Us. Show Us That You Can Foreclose
November 27, 2010, New York Times

After examining their foreclosure practices for flaws in mortgage documentation and other procedures, many of the nation’s largest banks have resumed — or will soon resume — trying to evict defaulted borrowers. JPMorgan Chase for example, told investors this month that it had extensively reviewed its foreclosure controls, trained personnel in the unit and started new procedures to ensure that all legal requirements would be met when it moves to seize a property in default.


Second-Mortgage Standoffs Stand in Way of Short Sales

November 27, 2010, Wall Street Journal

Sergio Trujillo thought he could avoid foreclosure when an investor made an all-cash offer last month to buy his one-bedroom condominium in La Jolla, Calif., for less than the amount he owes on his mortgage. But a standoff between Mr. Trujillo lenders over a few thousand dollars threatens to derail the deal, known as a short sale. Like many heavily indebted borrowers, Mr. Trujillo has two mortgages: a first mortgage in the amount of $260,000, which is held by Freddie Mac; and a $50,000 second mortgage, handled by Specialized Loan Servicing LLC. Freddie Mac will allow no more than $3,000 in sale proceeds to go toward the second mortgage. But SLS says it will scotch any deal if it doesn't get at least $7,000.


Will the Next Fiscal Crisis Start in Washington?
November 27, 2010, Washington Post

Two years ago the United States experienced its worst financial crisis since the 1930s. The crisis began on Wall Street, where misguided bets on risky mortgage loans resulted in enormous losses that few anticipated. More than 4 million jobs were lost in just six months after the peak of the crisis. There is hardly one Main Street in America not still feeling its effects.


A Homeowners' Chapter 11
November 28, 2010, Sarasota Herald-Tribune

The mortgage debacle in the United States has raised deep questions about "the rule of law," the universally accepted hallmark of an advanced, civilized society. The rule of law is supposed to protect the weak against the strong, and ensure that everyone is treated fairly. In America in the wake of the subprime mortgage crisis, it has done neither.


Shortcuts on the Foreclosure Paper Trail

November 28, 2010, Sarasota Herald-Tribune

To get a sense of the lawlessness in Florida's court-run foreclosure process, look no further than public records at the Sarasota and Manatee county courthouses. There, on foreclosure documents open to everyone, is the evidence that at least one law firm's employees repeatedly broke a state law in a rush to push cases through the courthouse so banks could seize people's homes.

Published Mon, November 29 2010 10:12 AM by Octavion
Hearing brings more censure for handling of foreclosures

Hearing brings more censure for handling of foreclosures
USA Today — November 19, 2010

Bankers, housing regulators and members of Congress agreed on this much in the week's second congressional hearing on foreclosure problems: The system needs fixing.

Aggressive lobbying defends mortgage-trading system
The Washington Post — November 19, 2010

The financial services industry has launched an aggressive campaign on Capitol Hill to bolster the legality of the way companies have turned mortgages into securities and traded them across the globe in recent years.

Fewer Fall Delinquent in Paying Mortgages
The New York Times — November 18, 2010

Even as the fight over foreclosures continues, the high tide of delinquency among homeowners has begun to recede.

Distressed Sales, Federal Programs Drive 20% Jump in Mortgage Fraud
DSNews — November 18, 2010

Mortgage fraud has increased by more than 20 percent since fraud rates reached their lowest point in early 2009, according to CoreLogic.

Washington DC creates "quasi-judicial" foreclosure process
HousingWire — November 18, 2010

Washington D.C. mayor Adrian Fenty ratified a provision this week with the aim of bringing a more judicial-type framework to the nonjudicial foreclosure system in the nation's capital. However, enforcement of the mandate is likely to add confusion to the federal district's mortgage industry.

Obama administration committed to preventing 'avoidable foreclosures'
HousingWire — November 18, 2010

Recovery in the housing market remains fragile but the Obama administration is committed to preventing "avoidable foreclosures and stabilizing" the market.

Published Fri, November 19 2010 9:38 AM by joelc
LPS: More Than 7M Mortgages Are Delinquent or in Foreclosure

LPS: More Than 7M Mortgages Are Delinquent or in Foreclosure
DSNews — November 17, 2010

There are 7,043,000 mortgages in the United States that are at least 30 days past due or in the process of foreclosure, according to Lender Processing Services (LPS).

U.S. regulators probing foreclosure practices
The Washington Post — November 18, 2010

The four major U.S. bank regulators are conducting a joint investigation of foreclosure practices that involves visiting mortgage servicers and reviewing sample loan files, according to a Federal Reserve official.

The home loan modification mess
Los Angeles Times — November 18, 2010

Often, loan servicers have little incentive to help homeowners avoid foreclosure. With reform stalled in the Senate, the best hope for fixing the broken mortgage modification system may lie with the 50 state attorneys general.

US property prices down again and expected to keep falling in 2011
PropertyCommunity.com — November 18, 2010

Residential property prices in the US fell again in September following declines in August and are likely to keep falling well into next year, the latest analytical reports suggest.

Fannie Mae Launches REO Pilot Program
DSNews — November 17, 2010

Fannie Mae is testing the waters for a new program that allows real estate agents to submit offers for the company’s REO properties on behalf of their clients and track the status of the offers online.

Title cos. face robo-signing aftermath
Inman News — November 18, 2010

In a recent column, we explored the issue of alleged "robo-signing" of documents by individuals chosen by lenders to handle foreclosure proceedings.

Published Thu, November 18 2010 10:31 AM by joelc
Florida’s ‘Rocket Docket’ Blasted

Florida has the second highest foreclosure rate in the nation, registering nearly 57,000 foreclosure filings in October, according to RealtyTrac. Last year, the Florida legislature approved $9.6 million to hire retired judges to clear out the backlog of nearly 500,000 foreclosure cases. The goal was to process 62 percent of the outstanding cases.

But critics call it a “rocket docket” that favors banks over borrowers and makes a mockery of the state’s courts and personal property rights.

A few weeks ago, Rolling Stone writer Matt Taibbi visited Jacksonville and sat in on one of Florida’s “rocket docket” courts, where Senior Judge A.C. Soud presides over the Fourth Circuit Court. What he witnessed shocked him.

In an article titled “Courts Helping Banks Screw Over Homeowners,” Taibbi accused Florida judges of ramming foreclosure files through the courts with little regard for the rule of law. He argues that the makeshift courts are a closed-door assembly line where judges sign off on 25 cases an hour, reviewing each case in only two minutes each. He adds:

“It exists to launder the crime and bury the evidence by speeding thousands of fraudulent and predatory loans to the ends of their life cycles, so that the houses attached to them can be sold again with clean paperwork. The judges, in fact, openly admit that their primary mission is not justice but speed. One Jacksonville judge, the Honorable A.C. Soud, even told a local newspaper that his goal is to resolve 25 cases per hour. Given the way the system is rigged, that means His Honor could well be throwing one ass on the street every 2.4 minutes.”

It’s a familiar theme that Taibbi covers in his new book on the financial crisis “Griftopia: Bubble Machines, Vampire Squids, and the Long Con That Is Breaking America,” which was published last week by Random House. Taibbi discovers far worse than sloppy paperwork on the part of banks. Not only are the banks manufacturing phony documents, argues Taibbi, the geriatric judges are heavily skewed to favor the banks.

“No one might think that after a bank makes multiple attempts to push phony documents through a courtroom, a judge might be pissed off enough to simply rule against that plaintiff for good. As I witness in court all morning, the defense never gets more than one chance to screw up. But the banks get to keep filing their foreclosures over and over again, no matter how atrocious and deceitful their paperwork is.”

Rolling Stone ended the polemic this way:

“This is the dirty secret of the rocket docket: The whole system is set up to enable lenders to commit fraud over and over again, until they figure out a way to reduce the stink enough so some judge like Soud can sign off on the scam. "If the court finds for the defendant, the plaintiffs just refile," says Parker, the local attorney. "The only way for the caseload to get reduced is to give it to the plaintiff. The entire process is designed with that result in mind.”

Taibbi is not the only reporter to cover the “rocket docket.” CNN reporter Poppy Harlow also went to Jacksonville and filed this story about the robo-judges.

Is this a fair portrait of the banks and the Florida judicial system? Or is there more to the story than this?

Published Wed, November 17 2010 11:48 AM by Octavion
States, mortgage lenders in talks over fund for borrowers in foreclosure mess

States, mortgage lenders in talks over fund for borrowers in foreclosure mess
The Washington Post — November 17, 2010

State attorneys general and the country's biggest lenders are negotiating to create a nationwide fund to compensate borrowers who can prove they lost their home in an improper foreclosure, state and industry officials said.

Housing Starts in U.S. Drop 12%, More Than Forecast
Bloomberg — November 17, 2010

Builders in the U.S. began work on fewer homes than forecast in October as the industry remained mired near the depths reached during the recession.

Community Associations Hit Hard by Housing, Economic Slump
DSNews — November 16, 2010

More than half of the estimated 310,000 homeowner and condominium associations in the United States are struggling with financial issues stemming from the nation’s mortgage foreclosure crisis and related economic downturn, according to the Community Associations Institute (CAI).

U.S. Sets 50 Bank Probes
The Wall Street Journal —  November 17, 2010

The Federal Deposit Insurance Corp. is conducting about 50 criminal investigations of former executives, directors and employees at U.S. banks that have failed since the start of the financial crisis.

ATTORNEY GENERAL MADIGAN FILES LEGISLATION IN SPRINGFIELD TO ENSURE INTEGRITY OF FORECLOSURE PROCESS, PROTECT HOMEOWNERS
Press Release — November 16, 2010

Chicago — Attorney General Lisa Madigan today filed legislation designed to reform the foreclosure process to protect homeowners. Madigan’s legislation is the first of its kind in the country to address revelations that major banks and mortgage giants recklessly “robo-signed” foreclosure fillings across the country. The bill would significantly tighten the requirements for affidavits filed in foreclosure proceedings to ensure their accuracy.

Republican Proposal Takes Aim at Fed’s Dual Role
The New York Times — November 16, 2010

WASHINGTON — Criticism of the Federal Reserve intensified on Tuesday as conservative Republican lawmakers called for limiting the central bank’s mandate to keeping inflation low. They said that the Fed should stop trying to pursue the twin goals of balancing inflation and unemployment, as it has been required to do since 1977.

Published Wed, November 17 2010 9:47 AM by joelc
Bank of America Home Loan Head Says No Homes Improperly Seized

Bank of America Home Loan Head Says No Homes Improperly Seized
Bloomberg — November 15, 2010

Flaws in Bank of America Corp.’s foreclosure paperwork haven’t caused the bank to seize any homes improperly, the president of the company’s home-loan division said in testimony prepared for Congress today.

Congressional Oversight Panel Examines "Robo-Signed" Foreclosures and Other Mortgage Irregularities
COP News Release — November 16, 2010

WASHINGTON, D.C. - The Congressional Oversight Panel today released its November oversight report, "Examining the Consequences of Mortgage Irregularities for Financial Stability and Foreclosure Mitigation." The Panel reviewed allegations that companies servicing $6.4 trillion in American mortgages may in some cases have bypassed legally required steps to foreclose on a home. The implications of these irregularities remain unclear, but it is possible that "robo-signing" may have concealed deeper problems in the mortgage market that could potentially threaten financial stability and undermine foreclosure prevention efforts.

Banks, AGs to square off in Senate over foreclosures
HousingWire — November 15, 2010

The Senate Banking Committee will hear testimony Tuesday from both sides of recent foreclosure problems at the major banks.

U.S. Homebuilder Confidence Index Increased to 16
The Washington Post — November 16, 2010

Confidence among U.S. homebuilders improved for a second month in November, a sign residential construction may hold at depressed levels.

NAR Survey Finds Half of Homebuyers to be First-Time Purchasers
DSNews — November 15, 2010

First-time homebuyers purchased half of all homes that were sold from July 2009 to June 2010, according to an annual survey of buyers and sellers conducted by the National Association of Realtors (NAR).

Published Tue, November 16 2010 9:22 AM by joelc
Fannie Mae offers mortgage help in Phoenix

Fannie Mae offers mortgage help in Phoenix
Arizona Daily Star – November 15, 2010

Mortgage finance giant Fannie Mae has opened a mortgage help center in Phoenix to help struggling homeowners with loans owned by the company.

Can law firms fast-track short sales?
Inman News — November 12, 2010

Even with the Home Affordable Foreclosure Alternatives (HAFA) program, the short-sale process can be clunky and time-consuming, which is why some Realtors are turning to the legal profession for that extra oomph to get these things completed.

With help, family was able to save home
Times-News — November 14, 2010

Sandra Greene sits in the kitchen of her home as she talks about the renovations she and her husband, Bill, have completed to their house on South Greenbriar Woods Road in Henderson County.

Brockton Interfaith Community board member meets with Treasury Secretary Geithner about foreclosures
Enterprise — November 14, 2010

BROCKTON — A Brockton Interfaith Community board member met recently with U.S. Treasury Secretary Timothy Geithner about the foreclosure problem in Brockton and the country.

Critics say system favors foreclosure over mortgage aid
The Register-Guard — November 13, 2010

Foreclosures will outstrip loan modifications for homeowners in trouble this year at an estimated 2 million foreclosures to 1.7 million completed modifications.

Online video depositions put spotlight on foreclosure 'robo-signers'
TCPalm — November 12, 2010

Over the past several years, Bryan Bly, Crystal Moore and Dhurata Doko have signed thousands of mortgage assignments as vice presidents of Citi Residential and other major lenders.

Published Mon, November 15 2010 9:31 AM by joelc
Stable Home Prices, Low Mortgage Rates Could Gas Economy

Stable Home Prices, Low Mortgage Rates Could Gas Economy
November 11, 2010, USA TODAY

Mortgage rates are hitting another record low just as home prices are firming in more parts of the country, two trends that could help boost the economy. Potential recovery fuel: Rates on 30-year fixed loans averaged 4.17 percent, down from 4.24 percent a week ago, Freddie Mac reported Thursday. They've been below 5 percent since early May. Median home prices in the third quarter were up from last year's third period in 77 of 155 metro areas, the National Association of Realtors reports. In 2009's third quarter, only 30 areas showed year-over-year growth.


US Consumer Sentiment Rises

 November 11, 2010, Reuters

U.S. consumer sentiment rose more than expected in early November, helped by a slightly better economic outlook and early holiday sales, a survey released Friday showed. The Thomson Reuters/University of Michigan's preliminary November reading on the overall index on consumer sentiment came in at 69.3, up from 67.7 in October and slightly higher than the median forecast of 69.0 among economists polled by Reuters.


Coming Next: Foreclosure-Free Zones 

November 11, 2010, Boston Herald

One month ago, the city of Chicago and the surrounding suburbs of Cook County became a foreclosure-free zone. It wasn't the banks or judges that instituted the moratorium, because they were still moving cases forward at a rapid clip. The holdup was elsewhere: at the sheriff's office. Sheriff Thomas J. Dart, whose office is responsible for physically evicting delinquent homeowners, announced Oct. 19 that his deputies would "no longer be doing the banks' work for them anymore."


Million-Dollar Homes: Massive Discounts
November 11, 2010, CNNMoney.com

Million-dollar homes are the most affordable they've been in years. In fact, $600,000 is the new $1 million, according to Alex Villacorta, senior statistician for Clear Capital. Here are 7 smoking deals from around the country.


Nicolas Cage's Bel-Air Home Goes to New Owner for $10.5 Million
November 11, 2010, Los Angeles Times

The sale of Nicolas Cage's onetime Bel-Air estate, which the actor lost to foreclosure this year, has all the makings of a Hollywood blockbuster. There was hubris, bad taste and a dizzying fall from financial grace. The closing scene played out this week when a new owner picked up the sprawling mansion for $10.5 million, a relative bargain for a trophy home that had been listed several years ago at more than three times that amount. The buyer was identified only as a limited liability company, a common cloaking device in high-profile real estate transactions.

Published Fri, November 12 2010 9:06 AM by Octavion
REOs Fall Amid 'Robo-Signing' Stall

REOs Fall Amid 'Robo-Signing' Stall
November 11, 2010, Inman News

After hitting a record high in September, bank repossessions fell 9 percent in October -- likely the result of foreclosure freezes by some major lenders, according to a report by foreclosure data site RealtyTrac. Total foreclosure activity in October -- default notices, scheduled auctions, and bank repossessions -- fell 4.4 percent from September, though remained essentially flat from October 2009. A total of 332,172 properties received a foreclosure filing last month -- one in every 389 housing units.


Courts Helping Banks Screw Over Homeowners
November 11, 2010, Rolling Stone

The foreclosure lawyers down in Jacksonville had warned me, but I was skeptical. They told me the state of Florida had created a special super-high-speed housing court with a specific mandate to rubber-stamp the legally dicey foreclosures by corporate mortgage pushers like Deutsche Bank and JP Morgan Chase. This "rocket docket," as it is called in town, is presided over by retired judges who seem to have no clue about the insanely complex financial instruments they are ruling on — securitized mortgages and laby¬rinthine derivative deals of a type that didn't even exist when most of them were active members of the bench. Their stated mission isn't to decide right and wrong, but to clear cases and blast human beings out of their homes with ultimate velocity.


Falling Home Prices Could Rattle Market Rally
November 10, 2010, Wall Street Journal

For the past couple of months, a growing number of investors have managed to convince themselves that the economy is recovering and the stock market is heading higher. Fresh news on home prices makes you wonder what they're thinking. The third quarter was a bust for home prices according to Zillow, the online real estate company. Average prices nationwide fell 1.2 percent just between the end of June and the end of September, it says. And the drop wasn't just in the familiar disaster areas like Miami, either. Average home values in Seattle fell 4.3 percent during the summer months. Minneapolis-St. Paul was down 3.5 percent. Home prices in St. Louis fell 2.4 percent, and Denver 2.6 percent.


California Foreclosure Aid Fund Swells, But Banks Hesitate

November 10, 2010, Los Angeles Times

The state's Keep Your Home plan has grown to $2 billion from $700 million. However, mortgage servicers haven't officially agreed to participate in the principal reduction part of the program.

Published Thu, November 11 2010 10:43 AM by Octavion
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