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Builders Make Timely Payments, and Banks Still Foreclose

By
Mortgage and Lending with United Lending

During a time when we're all doing our best to meet financial obligations, apparently staying current on your notes isn't enough. Banks have recently begun foreclosing on builders with perfect pay history due to the slowdown in the housing market.

Dave Brown, has been a well-known builder in Tempe, Arizona for 33 years. Brown's home-building company, Brown Family Communities, naturally saw a decrease in their sales in 2008 -- down to fewer than 300 homes, from an average of 85 homes a month in 2005. Despite these troubled times, Brown never missed a payment on his loans. Regardless, JP Morgan Chase suddenly required additional millions of dollars in collateral citing the increased risk associated with Brown's declining revenue. When Brown couldn't come up with the money, Chase foreclosed on five of his developments causing Brown Family Communities to leave behind unfinished projects and shut its doors.

So let me get this straight, Chase was concerned with taking a hit on Brown's developments because of his decrease in revenue. Rather than minimiz its loss by allowing Brown to continue to make timely payments while he finished and sold the homes, Chase decides to take it in the chin now by selling the homes on its own (some unfinished), and without any financial help from Brown. Riiiight.

Now I understand why banks would require stronger or more collateral to offset increased risk; but foreclosing on Brown's communities seems to lack common sense -- in my humble opinion at least.

Sounds like Chase is getting advice on how to handle borrowers from its credit card department.

Anonymous
Matthew C Layman

Nicole, Thanks for this article. 

So sad but True, these are interesting times we are in.  Even with making on time and timely payments we can expect the bank (Pimps) to slap us in the face.

I don't understand the game-plan being played...

Matthew

Jan 22, 2009 02:54 AM
#1
Brenda Harmon
Century 21 Beal, Inc College Station, Texas - College Station, TX

I think banks and corporations are running scared that people won't be able to pay the mortgages, construction loans, etc and are letting this fear get in the way of common sense.

Jan 24, 2009 05:42 PM
Matt Stigliano
Kimberly Howell Properties (210) 646-HOME - San Antonio, TX

Nicole - What an unfortunate story.  I think a lot of the banks/lenders out there are going to continue to do some pretty odd things.  You're absolutely right that this doesn't make much sense.  The problem lies in the fact that the banks are scared.  Fear breeds odd behavior in anyone.  Sure Brown might have trouble down the line and he's a risk, but there is the chance he might not.  In order to minimize that risk and kill off that fear, the banks killed the situation now instead of waiting to see how it panned out.  I actually think the large numbers for foreclosure rates are being pushed higher by this same type of fear.  The consumer hears nothing but foreclosure, foreclosure, foreclosure.  When they get behind for one second, they think "I'm heading for foreclosure."  They walk right into it without thinking of the solution, the work around, or the plan to get them back on track.  I am not saying this to minimize the problem or the problems that people have faced, there is a problem and there are many people suffering, but I do think that many people allowed themselves to move to foreclosure, because they didn't know of anything else, because of all the badgering by the constant news on the subject.  As for the banks, they know that now is a time when the foreclosure rate can help them (my theory is a bit twisted, but hear me out).  They can take the bad debt onto their books and between resale and tax strategies, turn it to their advantage.  As well, it allows them to stand in line before Congress and cry poor and to ask for help.  The current idea that we can't allow banks to fail is one that I only half subscribe to, sure I don't want the banking system that we all rely on to fail, but should we in return let the lending institutions hold us hostage?  With all the bad debt they now carry, they look like poor penniless waifs on the streets and they (hope) want us to feel pity on them.  That pity can quickly return to the feeling that "the banks aren't so bad...let's stop berating them and give them another chance."  That pity is what I truly think they're hoping for.  "We lost so much money, we were only trying to help."

I apologize that my comment is jumping around a bit, but when I read the story, my head began to swirl with ideas and thoughts.  Sometimes I have trouble getting them all out in one straight line comment.

Jan 25, 2009 01:44 AM
Anonymous
Angie

This doesn't make any sense that the banks foreclose on Brown.  My husband and I have been building homes for 15 years and we are getting foreclosed on a development and some houses.  We have done everything we can to sell these houses, and have been building homes in the development, but the construction loan company is foreclosing.  They will be taking everything we've worked for for 15 years, we have hundreds of thousands of dollars invested in it also.  It's like starting all over again.  I'm not sure how we are going to survive.  And we want to continue building when it picks up again, but don't know if we can.  We really didn't plan for it to get this bad for this long in the building industry, and we are getting no help from the government.  We live in Minnesota, so it's always slow in the winter anyway, but we know alot of builders who are in the same situation as us.  I hope the government does something soon.

Jan 29, 2009 02:03 AM
#4
Nicole Lahti
United Lending - Austin, TX
Austin Texas Mortgage

Matt--I'm absolutely with you. I have spoken with a few people (definitely not the majority) who very matter of factly said their house went into foreclosure. Now, I wasn't expecting them to cry about it to me, but at least show some sort of remorse over the situation. Their opinion of the situation was as if it didnt' really bother them because its such a normal occurance nowadays. I really hope this sort of mentality towards foreclosure doesn't become normal as it cripples communities and says something about how we view responsibility.

The banks exchanged good busines sense for the high premiums they received for originating loans. They didn't really care if the loans went bad because it wouldn't be on their books since they securitized everything. So yes, it is awfully annoying that they say they were only making homeownership possible per Congress's marching orders.

Angie -- I really believe Brown & Chase were in it together. They were both taking unwanted hits due to the downturn and Chase should've worked with Brown to minimize both their losses. Especially when he had yet to default on any of his responsibility. There just has to be some sort of law against that -- its not right.

I am so sorry to hear this situation has affected your family as well. May I ask the reasoning your lender gave you for such a heavy-handed decision?

Feb 01, 2009 09:44 AM