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Having Trouble Getting A Loan Modification Or Short Sale Approved? You May Want To Check This Out

By
Real Estate Broker/Owner with Summit Home Consultants

Having Trouble Getting A Loan Modification Or Short Sale Approved? You May Want To Check This Out

My blog titled "Is FDIC Killing OneWest IndyMac Short Sales?" detailed a "short sale from hell" experience that I had with OneWest Bank in September/2009.  It was recently brought back to life, so to speak.  The blog discussed the shared loss agreement that is currently in place with the FDIC and OneWest Bank, and how I felt the agreement puts sellers at a distinct disadvantage when negotiating with lenders that have these agreements in place.  Feel free to read my FDIC Onewest IndyMac blog.  I would highly recommend reading it before continuing, so the rest of this story makes sense.

I can't tell you how many phone calls/emails I've received since posting this blog.  In the past 9 days, it has received over 13,000 views, so you can only imagine.  The one question that I am constantly asked is, "How many other lenders have this deal in place?", or "Does Lender XYZ have this agreement in place with the FDIC"?  Unfortunately, until today, I didn't have that information.

Robert Hackney, an attorney in Florida, was kind enough to forward a list of all lenders that have been shut down by the FDIC and re-sold to other banks and/or investors since 2008.  The list came from Damien Paletta of the Wall Street Journal.  Mr. Paletta's article that goes along with this list is a real eye-opener.  According to the FDIC, there have been 181 banks that fall into this category.  The list also shows which banks have received loss share agreements to date.

A recently released article by Brian Bandell of the South Florida Business Journal titled "FDIC Policy Could Harm Economy" reported that there are now 94 separate shared loss agreements between the FDIC and various lenders, with expected losses of $122 Billion to the FDIC.

So, why do I post this blog in a Real Estate Forum, you may ask?  

Again, I ask you to go back and read the FDIC OneWest IndyMac blog to understand my reasoning, but I will give you a quick answer.  Why would a bank agree to a loan modification when a short sale or a foreclosure is more profitable to them than a loan modification?  And, why would a bank agree to a short sale, when they get the same treatment from the FDIC when they simply foreclose?  Again, rather than get into all of that here, please go back to the original blog to get a better explanation.

The main question all of us need to ask ourselves is, "When is enough, enough"?  Our children and their children are going to have to pay for this financial mess we are in, and it's time to finally start demanding answers from our leaders.  This is no longer a Democrat vs. Republican issue.  IT'S TIME TO STOP ASKING QUESTIONS, AND START DEMANDING ANSWERS!

Now, go take a look at the list of banks that have been shuttered by the FDIC since the beginning of 2008.  If you look at the far right-hand column, you'll be able to see which lenders have these "sweetheart deals" from the FDIC.  You may be surprised at what you find!  Good Luck, and keep spreading the word!

 

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Bob Hertzog 

Summit Home Consultants

www.forsalephoenixhomes.com

Copyright © By Bob Hertzog 2010 *Having Trouble Getting A Loan Modification or Short Sale Approved?  You May Want To Check This Out!*


 

Comments(20)

Aaron Vaughn 830-358-0455
Conifer Builders LLC - Canyon Lake, TX

You make a great point, and I am thrilled we have some "thinkers" on here to decipher this kind of complex information and actually put those musings into words. 

Feb 18, 2010 05:08 AM
Millie C. Legenhausen
Calcagni Real Estate, Hamden, Connecticut - Hamden, CT
CRS, GRI, CIPS, MBA, Realtor

It seems the government makes these snap decisions without taking the time, as you have, to analyze the pros and cons of their actions. What they are doing is creating dis-incentives to solve this mortgage mess. Sadly, people will justify profits over moral action, by saying they owe it to their shareholders. The end result is going to be a massive shift of wealth towards those that have plenty already.

Feb 18, 2010 05:40 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

Yup Citibank rode in to town (locally) and gobbled up Washington Mutual. 

Hmmm . . . interesting that the graph doesn't show many hits on the east coast.  Nothing in MASS, New York, etc.  West coast hit hard, south hard, mid-atlantic . . . Someone needs to develop a new MONOPOLY-esque game board . . .

"The history of Monopoly can be traced back to 1904, when a Quaker woman named Elizabeth (Lizzie) J. Magie Phillips created a game through which she hoped to be able to explain the single tax theory of Henry George (it was intended to illustrate the negative aspects of concentrating land in private monopolies). Her game, The Landlord's Game, was commercially published a few years later. Other interested game players redeveloped the game and some made their own sets. Phillips herself patented a revised edition of the game in 1923, and similar games of this nature were published commercially" [emphasis added] Cited  Smart woman!

We could call it:  The Lords of the Land

Feb 18, 2010 05:40 AM
RJ Baxter
Clear Path Home Loans - Centennial, CO
303-670-0137

Thanks for sharing this Bob. Very interesting looking at that list and how old some of these banks are that failed. 

Feb 18, 2010 06:17 AM
Damon Gettier
Damon Gettier & Associates, REALTORS- Roanoke Va Short Sale Expert - Roanoke, VA
Broker/Owner ABRM, GRI, CDPE

There will be no fix until they can convince the banks to work in a timely manner.  There is no incentive for BofA or anyone else to work a short sale in a timely manner.  The market is hurt because only investors are interested in waiting the time involved to get an answer on a short sale.

Feb 18, 2010 07:01 AM
Wayne L. Brown
Franklin Advantage Inc. - Alpine, CA

Robert

I read and commented on your other blog just a couple of days ago.  As evidenced by your hit count, you are to be applauded for taking the time to get this out.

Everyone of us whether Realtor or Mortgage Broker, and regardless of our Political affiliations need to bring the FDIC and ALL Politicians to the table to DEMAND Answers.

I for one will help to try to spread the word.

Thank you once again for your post and valuable insight.

Feb 18, 2010 08:29 AM
Ted Tyndall
Davidson Realty Inc. - Saint Augustine, FL
I will help You find the Home YOU want to Buy

Robert, thanks for the time. I will bookmark this.

Feb 18, 2010 09:38 AM
Scott Haynes
Century 21 Sweyer & Associates - Wilmington, NC

Thanks for posting. This is something to think about. The landscape has certainly changed lately and information like this does help.

Feb 18, 2010 09:52 AM
Roger Johnson
Hickory, NC

thanks for this information.  bookmarked for future use when working short sales.

Feb 18, 2010 11:27 AM
Chris Olsen
Olsen Ziegler Realty - Cleveland, OH
Broker Owner Cleveland Ohio Real Estate

It's distressing to hear how our tax dollars are, yet, once again...being totally mismanaged to the benefit of a few.

Feb 18, 2010 12:56 PM
Melissa Zavala
Broadpoint Properties - Escondido, CA
Broker, Escondido Real Estate, San Diego County

Bob: This is interesting stuff. While I have pretty good control of the short sales, I always like to have all the info--so that I can use it as ammo when necessary!

Feb 18, 2010 01:42 PM
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI

This is intriguing stuff Bob and an issue I was not aware of. Thanks.

Feb 18, 2010 02:59 PM
Bob Hertzog
Summit Home Consultants - Phoenix, AZ
Designated Broker

Melissa, it never hurts to have another arrow in your quiver!

Feb 18, 2010 03:14 PM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

Thank you so much for posting the list of banks.  This is a ridiculous waste of tax payers money and sellers' and agents' time when fighting an uphill battle.

Feb 18, 2010 03:38 PM
Esko Kiuru
Bethesda, MD

Robert,

It's uplifting that we still have enough journalists, attorneys and other activists who are truly interested in knowing the real thing, digging up everything of what's going on. The country needs them.

Feb 18, 2010 03:48 PM
Ray Wright
Keller Williams Realty - Riverside, CA
SoCal Realtor - A.L.C. - Company Trainer & Coach

Thanks for this info.  Nice to have someone out there delving into what's going on!

Feb 18, 2010 04:40 PM
Home Loan Search.Online
Home Loan Search Online - Newnan, GA

I know that the local community banks in my area have been hit pretty hard. I don't see much of an issue with the big banks though...

Feb 18, 2010 09:50 PM
Joseph Keech
Blue Atlantic Properties - Leland, NC

Thanks for sharing. I was unaware of this story till your last blog.  Please update if more info comes along.

Feb 18, 2010 10:24 PM
Eric J
Eric J - Dream Home Financing - Freehold, NJ
Dream Home Financing


They are making too much money no matter what happens to the property....unreal

Feb 19, 2010 01:54 PM
Bob Hertzog
Summit Home Consultants - Phoenix, AZ
Designated Broker

I'd like to thank EVERYONE for their comments thus far on all of the blogs I've written regarding OneWest and the FDIC.  It appears that the story might be starting to "grow legs", and many in America are now aware of it.  I am working diligently to get the information to someone who can get the specifics into "mainstream media", but, as you can imagine, it's been very difficult.  I'm learning that the very same people that make the decisions in Washington are the same people that have control of what gets reported in the media (and yes, this includes Fox News)  If nothing else, this has been a HUGE eye-opener for me.

To give you a little background, I'm definitely not a "Political Activist".  I simply ran across a client that needed help, and stumbled across this whole loss share agreement thing.  At the end of the day, it helped my client avoid foreclosure, and for that, I'm very happy.

This particular deal is a microcosm of the "back-room deals" being cut in Washington, and I can only hope that if nothing else, it forces people like you and me to simply ask questions of the people in Washington that are not only making the rules, but also ignoring the results that come of these decisions.  

Like I've told many friends, family, and acquaintances, I think this deal is an "unintended consequence" of the FDIC, but it still needs to be brought to the attention of all of us that are in "survival mode" right now (and, more importantly, the clients we serve).  The FDIC cannot go back and change the deals they have cut with their existing clients.  My goal is to keep them from cutting anymore of these deals, as they will only hamper an already defunct real estate market.  By the way, the FDIC closed two banks this past Friday, and both of them had loss share agreements in place as part of their "deal".

The point of my blogs on loss share agreements is this:  The only way we are going to get out of this mess is by letting the market dictate sales.  As long as the FDIC (or any other government entity for that matter) tries to interfere with the real estate market, we are all in for a very very long haul.  As long as the FDIC rewards lenders for foreclosing with financial incentives, true capitalism dies.

If there is one thing to take from my blogs, remember this...  Make your clients very aware of the fact that lenders/banks DO NOT CARE about them.  They are only interested in one thing, and that is making money, regardless of your client's financial/personal situation

There is not enough room in this blog to share stories of absolute cold-heartedness from lenders that I have received in recent weeks regarding our present situation.  Suffice it to say, we are all up against "people" that are pre-programmed, in order to keep getting their weekly paychecks.  The only way to fight this attitude is through spreading the word, and making the public aware of it.

Keep spreading the word, and keep fighting the fight.  We may not win, but we will all go down swinging.

 

Feb 28, 2010 02:50 PM