**  FROM THE DESK OF THE CZAR OF COMMON SENSE IN GOVERNMENT  **

WHY DID NOT THE GOVERNMENT MANDATE MORTGAGE BALANCE REDUCTION FOR BANKS RECEIVING TARP MONEY???

IN THE SPIRIT IF A TRUE BELIEVER IN THE CONSPIRACY THEORY, it all makes sense now.

James Downing's post this a.m. DARN IT - I got one of "THOSE" calls today... was enough to cause a few little brain synapsis in my head to begin stirring. . . .

One fact that James' article reinforces is that the banks will do nothing to assist a home owner if their mortgage payments are still current.   So, faced with the inability to sell their home because the home owner owes more than the house will sell for, SHORT SALE is the only alternative to foreclosure. **

WHY DO BANKS REQUIRE THAT A HOME OWNER BE IN ARREARS BEFORE SHORT SALE APPROVALS?

"WE DON'T LOOK AT SHORT SALE PACKAGES UNTIL THE HOME OWNER IS BEHIND IN THEIR PAYMENTS."  How many times have we heard that?  There is no benefit to a mortgage company to modify a home loan.  If a mortgage loan is modified to reduce the principal amount, the credit rating of the mortgagor will not be affected.  The mortgagor's credit rating would not be affected by a reduction of the mortgage note.  The only change in the home owner's credit report would be the balance owed to the mortgagee. 

I've been advocating for a write-down of the principal balance of home mortgage amounts to appraisal or assessment numbers, but it would take a significant amount of money from the government to cover that loss to the mortgage companies and, if we know anything, we know one thing:  The government is not going to do anything that would cause harm to the profitability of the financial institutions that originate or service or hold the millions of home loans.

That the government is dedicated to preserving the profitability of the banks is a given.  Why then are the financial institutions and the government determined to force a home owner in trouble to ruin their credit before any relief by the mortgage company will even be considered??  That is the question of the day.

MORTGAGE LOAN MODIFICATION WOULD NOT HARM THE CREDIT RATING OF THE CONSUMER.

However. . . .

ONE 30 -60 DAY LATE MORTGAGE PAYMENT WILL REDUCE A CONSUMER'S CREDIT SCORE FOR YEARS.

Could it be that the new "sub-prime", "Alt-A" mortgages will be mortgage instruments invented to serve the millions of consumers with a short sale transaction on their credit report??

What is the benefit to the banks to force the home owner to ruin their credit rating?  Could it be the higher interest rate that can be charged to home buyers with a previous short sale on their credit report?

What could this new mortgage instrument with higher than market rates be named? 

The "SS" loan, for "Short Shrift". 

The "SSS" loan, for "Shafted By Short Sale"

The "SS2" loan, for  the "Short Score" loan

The "Stiff" loan, for "Stiffed by Short Sale Score" loan

No matter what happens or doesn't happen, the consumer loses.  As the number of home owners who accrue 1, 2, 3, months late on their credit reports, they are prime suspects for future home loans with higher interest rates. 

Of course, they are also prime suspects for credit cards with even higher interest rates. 

** A change in the bankruptcy law/code that would permit bankruptcy judges to modify loan principals was a solution proposed.  However, it didn't get through Congress. 

Courtesy, Lenn Harley, Broker, Homefinders.com, 800-711-7988, E-Mail. 

                            Home Owner Family

                                            "HEY, WHO'S LOOKING OUT FOR US??"


_______________________________________________________________________________________________________


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Post is included in group: Mortgage, Foreclosure & Elder Abuse Housing Fraud
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109 Comments on EUREKA! I'VE GOT IT! WHY THE MORTGAGE COMPANIES WANT THE HOME OWNER TO BE IN ARREARS.

20 Most Recent Comments Displayed Show All

DEC
30
2008
1,949,535 Points 478 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Thomas.  I agree that there is bloodshed.  I simply wish to prevent one small stab wound, the added wound of mortgage arrears to qualify for short sale. 

The banks wounds have been treated with about $350,000,000,000 and more to come.  The American consumer is still bleeding profusely.  They are treated with negative equity and the insult of no credit for many, many years. 

I'm not talking about credit for purchasing consumer items.  You can hardly exist in our economy without reasonable credit.  Simple auto insurance is going to cost much more for consumers with low credit scores. 

 

 

6:17am • #90
1,949,535 Points 478 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Linda.  Wouldn't that be fun.  However, I would not put up with a confirmation hearing whereby the pontification of Senators would have to approve.  I'd want an appointment whereby the Senators didn't have the opportunity to pontificate.

Alice.  Many of the loans defaulting today were 80/20s.  HOWEVER, even if the buyer put down 20%, they are still in a negative situation. 

Of course, the 80/20s were invented by THE MORTAGE INDUSTRY.

 

6:24am • #91
1,949,535 Points 478 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Larry.  Thanks for your comments.

You wrote:  "Oddly enough, there is still a residential real estate market. Certainly not as large a market as 2 years ago, and the market prices are much reduced, but a market never the less.  There will be less Realtors selling less homes to a smaller market, but we will get through this difficult time as we have others."

I don't believe that we have a "market".  We have some sales, but the numbers are too erratic to be considered a market.  Of course the "trends" that would evident a "market" is down, but I won't consider it a real estate market until the millions of home owners who are trapped in their homes without the possibility to see and participate in a "real estate market" can do so at will. 

6:26am • #92
1,949,535 Points 478 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Dawn.  You are correct.  It is the banks that have the power.  The consumer does not and the government is on the side of the banks, not the American consumer.

The consumer simply, I believe, is doing little to nothing.  At least they're not shopping as much as the government wants them to.  That's our one small way of saying, "I don't like what you did and I'm not cooperating with your plan any longer". 

If the government wanted to fix the economy, they'd think about the consumer befor the banks.

The government failed.  The government failed massively.  The public will not forget this mess.  Every consumer who was wiped out financially and there are millions of them, will remember.  They are helpless and they know it, but they will not forget.

 

6:31am • #93
1,949,535 Points 478 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Tim, Tim, Tim.  That started back in Bill Clinton's days when he opened the doors to more immigration for middle east and other countries.  All an immigrant has to do to be able to buy a home is have a job and don't break the law.

Immigration from South America has fueled housing in my area for years.  The average LEGAL immigrant from South America buys their first home after about 7 years in America.  They often buy entry level homes and help that market remain viable. 

Few homes would have been built in my area over the past 5 years without the work forces from South America who are the primary rough carpenters, concrete suppliers, etc.  South American immigrants have open businesses that service the home builders across America.  The honest hard working legal immigrant will never be neglected in the United States of America. 

 

6:38am • #94
1 Featured Post Attended Rain Camp

Great perspective, Lenn!  Two questions, though.  How many of those financially injurred will even be in a positon to GET a loan in the near future (as you say, with interest rates so much higher, and qualifications so much stiffer, most won't get loans at all).  And I wonder how many real estate agents are being forced out of their own homes when their income is based on home sales which are very few and far between!  We're running about 1 in 11 listings are selling in my area.   How exciting....you can take 15-20 listings and are lucky if 1 or 2 go under contract.   Buyers who are looking are worried about further reductions and whether or not they'll be able to close (even when they DO have good credit, down payment, and preapprovals).  Interesting times, to be sure!

7:05am • #95
136,064 Points 1 Featured Post Outside Blog

Lenn This makes very good sense.  I think that it will take a majority of defaults to really get anything done.

8:13am • #96
715,535 Points 69 Featured Posts Localism Sponsor Outside Blog Called Shot Master

Lenn,

What I also think is crazy is that the government mortgages are the most difficult to modify!  Fannie Mae mortgages are almost impossible to modify, no matter who the servicer of the mortgage is. 

I also wonder how much difference it makes on your credit recovery from loan modifications, short sales, Chapter 13 or Chapter 7?  No one really knows the impact at this point of making one choice over another when faciing mounting debts due to income loss and there is so little guidance.  I have a friend with four children and two dogs who has been trying to do a loan modification and Chapter 7 on an upside-down mortgage.  Where on earth is she going to move to?  She has not been getting good advice as it seems to me that she really has to stay in her home for the sake of the kids and do a Chapter 13.  Chapter 7 would wipe out her debts, but her children would be forced to leave their home, schools, friends, and perhaps their pets as there are no affordable homes for rent in her upscale section of town.  Her bankruptcy attorney didn't even mention Chapter 13 bankruptcy to her!

8:48am • #97
1,949,535 Points 478 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Judi.  Your sold ratio is probably not much different from many areas.  Homes just sit and sit and sit.  Agents do what they can do, but the market is NOT viable.

The "credit" I'm referring to that is being unnecessarily harmed by mortgage company is ALL credit, not just credit to obtain a mortgage loan.  With unnecessary late mortgage payments on their credit report, consumers are going to be paying much more for any kind of credit.

Best Spot.  Nothing is changing yet.  Perhaps as more homes go to foreclosure, banks will rethink their short sale policies.

Gail.  If she has the income to make payments, chapter 13 would help.  Often just getting rid of the consumer debt and keep the mortgage is a solution.  However, if she can't show feasibility, chapter 13 isn't going to help either. 

10:54am • #98

Lenn I think you have a clear understanding of the banking system. They have big money for lobbyist and the regular Joe does not.

7:08pm • #99
DEC
31
2008

Gail, doesn't your state have a homestead exemption?  Maybe then she could still use Chapter 7?  She definitely needs a good attorney to sort it all out.

8:30am • #101
106,778 Points 6 Featured Posts

Ok help me here... why modify something that is paying as agreed? What criteria do youuse... what about abuse? How do you sort the really circumstance problem loans fro those that just made a bad decision or signed documents with a wink... who takes RESPONSIBILITY? There are many problems on both sides of the ledger and they are not all banks... though they certainly are in for their share.

Lastly, using county numbers to arrive at value would, in all likelihood, be a disaster...minimal training, little or no oversight and frankly unsupportable conclusions (in many cases). I was recently involved where the County Assessor overstated the square footage of a home by 208 feet... then when called on it when back re-measured and understated by 110 feet...

9:02am • #102
1,949,535 Points 478 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Maggie.  That's really the bottom line isn't it.  Follow the money.

 

9:04am • #103
1,949,535 Points 478 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Perrin.  Why is it we say "enough is enough" only when it gets to help for the American home owner.  The government is still dolling out about a $Trillion Dollars a week of taxpayer money to the banks and now the investors. 

If a person qualifies for hardship for a short sale with arrears, they will qualify without arrears.  If the banks won't approve hardship without the owner in arrears, where is the credit relief for the home owner if they let current mortgage go to arrears, apply for hardship short sale and are rejected.  Since neither agents nor home owners are privy to bank processes in short sale matters, why is the home owner the only one losing??????

You appear to presume that only fraudulent mortgages are going to short sale.  Not so.  Every short sale I've been involved with through listing or selling has been caused by post-purchase events that led to the hardship. 

9:32am • #104

Words from an Opinionated California Lawyer

 

In California, the Department of Real Estate website (www.dre.ca.gov) lists the companies that have DRE "permission" to modify loans... add to this list any licensed California attorney, and that is where you should begin your due diligence when you seek help in California. Other states probably have similar laws, so check with your own state DRE.

 

My law firm has been getting more and more calls recently from homeowners that were victims of predatory lenders who put them into an unaffordable loan and now fell into the hands of those same people who sold the toxic loans but profess to be saviors... DON'T BE A VICTIM TWICE!

 

Do your homework and THOROUGHLY investigate any firm before hiring them to save your biggest asset and the place you call "home." These scammers are popping up like dandelions on a freshly mowed lawn. They advertise on the Internet, freeway billboards, radio, television, and print media everywhere. Make no mistake, in many cases, these are the exact same loan officers and mortgage brokers who fleeced homeowners the first time around. After losing their jobs with the crash of the mortgage industry, they have found a new way to make ill-gotten profits from hard-working homeowners through loan modifications.

 

In California, with very few exceptions (and attorneys are one exception), it is against the law for anyone to take money up front for helping a homeowner who is in default. Don't trust a company that begins its relationship with you by breaking the law.

 

Of course, this is one lawyer's biased opinion, but one based on many distressing calls to my office every day. And, yes, my firm does take cases against loan modification companies who have violated laws. This field is quickly becoming one of the fastest growing sections for our mortgage law firm.


- Paul J. Molinaro, Esq.

PaulMolinaroEsq
5:55pm • #105
1,949,535 Points 478 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Paul.  The only thing worse than the unfortunate home owners who find themselves upside down on their mortgage and can't make the payments is the vultures swarming around them.

6:01pm • #106
JAN
02
2009
18 Featured Posts Localism Sponsor

Lenn, I am not sure the banks objective is to intentionally harm consumers, they just want to collect from those who could still pay. To do that they need to differentiate between those who could continue to pay and those who couldn't. If someone is taking a hit on their credit, to a bank it may indicate, less chances to collect from them, then from those who continue to pay. The banks, don't look at consumers as people, only as more or less risky parties to agreements.

Your thought on renting, before short sale is interesting. If a person is still, but barely, paying the mortgage, should they pay for the security deposit and all involved with getting a lease? Would a lender consider this person not in a true hardship, because they did it? Would love to know your opinion.

Have a great New Year! it's always a treat to read your well thought out and persuasively presented posts and comments.

2:54pm • #107
1,949,535 Points 478 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Faina.  There are no guidelines for short sales, although I've heard that Fannie is thinking of getting into that arena.

If a bank will not look at a hardship file until the owner is 3 months behind, they are forcing the owner to default leaving the owner with the two choices of short sale or foreclosure. 

If the bank requires arrears, they should review and approve or disapprove a property for short sale before backing the home owner into a corner. 

A home owner is a clear case for short sale whether or not they are current with their loan.  Ruining their credit isn't necessary to the short sale process.

 

4:25pm • #108
JAN
11
2009
1,091,051 Points 201 Featured Posts Outside Blog Hit Router Attended Rain Camp Called Shot Master

Hi Lenn, I am now caught up with you as this is the last post in your series. But I think you should continue to write more. As soon as I locate all my files, ( changed t the Mac over the holidays) a friend sent me a link t a video presentation and I saved it ?? and you might be interested to see it, as soon as I locate it. I'll send you the link when I locate it. I found it very enlightening. I am sure that t will inspire you to write more on this subject

12:27am • #109

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