Special offer

I have a solution for the foreclosure crisis--It's so simple and reasonable I am sure no one will listen

By
Services for Real Estate Pros with Topkins & Bevans-etopkins@topbev.com

Lately, a lot of my work as a Massacusetts real estate attorney has involved the unpleasant task of trying to assist people who are in serious default in thier mortgage obligations. I am working with people who have not made a payment in 18 months. They are simply waiting for that knock on the door which means they must leave their homes and start over somewhere else. Tehir children may not be able to stay in the schools they have become used to. They may need to locate in perhaps another part of our country.

Having a lender agree to a short sale perhaps accomplishes a more orderly exit for struggling families. It is not the answer; it is just a more dignified way to acknowledge failure and move on.

The  certainty involved with either the short sale or foreclosure route is that the Lender is going to sustain a "loss"  when the transaction is completed. The people forced to leave their homes in these situations are losing a lot,

In my limited experience, I have found many people who are way behind in their mortgages willing to "start paying" again. They just got a n ew job; they were sick, now they are recovered. They have made overtures to the Burger King Kids, eithwer by themselves or through lawyers or other professionals. The Lenders really have no idea how to deal with these offers, other than to say no.

Here is my take on this:

     1. Rather than push people away, create a mechanism where people can start paying again. Have the property appraised, and then lower the pricnipal amount of the mortgage to its current value.

     2. Whatever the arrearage on the mortgage loan, have the Lender forgive it. This may cause a windfall for some; my sense is that those people will be in the minority.

     3. Provide the Lender with a tax credit, perhaps for 60% of their total loss in the transaction, and move on.

This will cost all of us a lot of money, but the result would be a new, realistic real estate market where people could start to buy and sell homes. If people were paying on mortgages which were no longer "under water" they would have hope. They could pay their mortgages for a while and create equity. At some point in time, they could sell their homes and buy another. The real estate market would recover. It is just that simple!!!

Kymberly Caldwell-Muniz
(909) 973-0410 - Fontana, CA
TCR Group Keller Williams Realty Rancho Cucamonga

Well Elliott, that sounds like a great idea to me. I know that the banks won't like it but this is a good solution, no one else seems to be able to come up any. 

Nov 08, 2010 11:45 AM
William James Walton Sr.
WEICHERT, REALTORS® - Briotti Group - Waterbury, CT
Greater Waterbury Real Estate

Elliott, this reminds me of some ideas that Ann Sabbagh came up with in her blog post 100,000 points.....a reflective moment.....

If more people with brains keep making these type of suggestions, someone is bound to pick it up, somewhere, I would hope...

 

Nov 08, 2010 01:35 PM
Larry Lawfer
YourStories Realty Group - Newton, MA
"I listen for a living." It's all about you.

Working with the banks on REO's, Short Sales and modifications for the last year one thing I know.  The people you talk to have zero authority to do anything other than follow the script.  They rarely know who the right person to talk to if you have a specific question.  The banks seemed to ramp up to deal with this onslaught of financial difficulties for THEIR CLIENTS (which they seem to have forgotten) by hiring a lot of people who know nothing of the process, are only moderately trained and care nothing of the people they are speaking with because on their computer screen where they sit in a bullpen with lots of other poorly trained workers, they are just the next call.

The Regional head of this work for Bank of America was at a RE/MAX event recently and said that these people have between 250 and 400 properties to deal with.  Trust me, they are not listening and care very little. They are hourly workers trying to get through another day.  Any true change must come from the top and there seems to be an adversarial relationship with banks trying to protect their shareholder value and the government attempting to get re-elected by chosing the right poison.  It is a mess.

I wish you were running for office Elliott, but I know you are far too smart for that.  Thanks for the good blog.

Nov 09, 2010 12:10 AM
William Tierney
William Raveis Real Estate - Cohasset, MA
"The Internet Savvy Realtor"

There is some validity to your discussion.  It only it were that easy.  But with the way mortgages bet bundled and and sold, and then stripped into various pieces, it is just too complicated.  However, I agree, we do need a better solution.

Nov 10, 2010 12:35 PM