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Making Sense Of The Mortgage Crisis-How The FDIC Loss Share Program Is Hurting Homeowners

By
Real Estate Broker/Owner with Summit Home Consultants

Making Sense Of The Mortgage Crisis-How The FDIC Loss Share Program Is Hurting Homeowners

In September/2009 I wrote a blog titled "Is The FDIC Killing IndyMac OneWest Bank Short Sales & Loan Modifications?". In February/2010, the folks at TBWS used this blog to create a video that ending up going "viral".  If you watch the video, you will see that all of the numbers and the explanation of the FDIC loss share program were taken directly from my original blog post.  For those of you that are not familiar with the video, at last count it had received over 1.3 million views on YouTube, and even caused the FDIC to issue an official press release debunking the video.  

In an attempt to quash the outrage that the video created with Americans across the country, the FDIC not only came out with an official press release, but also released their own YouTube video titled "Loss Sharing Explained" in June/2010.  The video attempts to paint the loss share agreements (which they now have with 167 banks) as a benefit to the FDIC.  What the video fails to address is the total lack of oversight, and how lenders are abusing the program, and in turn, forcing more homeowners into foreclosure everyday.  No matter how the FDIC wants to spin this, the fact remains the same... When a lender can make more money by foreclosing on a homeowner than they can by approving a loan modification or short sale, they will choose foreclosure.

Two weeks ago, I received a call from a woman in South Carolina who had just finished reading my FDIC IndyMac OneWest blog.  She had just been turned down for a loan modification from OneWest Bank under the HAMP Program.  According to her, they turned her down without even receiving the required documents, and told her that the reason for their denial was that the investor that owned the loan does not participate in HAMP.  When she asked who the investor was, she was told that their "policy" doesn't allow them to disclose who owns the loan.

Needless to say, she was furious.  I explained to her that without consequences, banks can do whatever they want.  And, without transparency, they can tell borrowers whatever they want.  The last thing that loan servicing entities like OneWest Bank want is homeowners calling their investors, verifying what the servicing companies are telling them.  

In addition, those lenders who are benefiting from an FDIC loss share agreement DO NOT want borrowers to know if they own the loan.  By telling borrowers that their "policy" does not allow them to disclose the owner of the loan, they can hide the fact that they in fact own it.

After spending over an hour on the phone with my friend from South Carolina, she came up with a great suggestion.  She suggested that I produce a video that explains the FDIC loss share program, and how it affects homeowners who are trying to short sell their home or get a loan modification.  Hence, the reason for this blog post today.

The video explains exactly what happened (in a "real-life" transaction) with one of my clients that I represented on a short sale in September/2009.  The numbers are the actual numbers that I used to remind OneWest of the profits they stood to make from the FDIC loss share program.  When faced with these numbers, they immediately gave up on their demand for a $75,000 promissory note from my client, and approved the short sale.  Since writing this FDIC OneWest IndyMac blog in September/2009, I know of at least a dozen other agents across the country that have used this same argument with OneWest Bank, and were successful in closing their short sale deals.

The point of this video is not to bash OneWest Bank.  What I hope and pray is that someone in Washington will see it and actually decide that "enough is enough".

I would ask you to PLEASE share this video with everyone you know.  If it can get out to enough people, it might just end up on the computer of someone who will actually do something to stop this madness.

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Bob Hertzog

Summit Home Consultants

Visit The For Sale Phoenix Homes Website

Copyright © By Bob Hertzog 2010 *Making Sense of The Mortgage Crisis-How The FDIC Loss Share Program Is Hurting Homeowners*


 

Comments(16)

J. Philip Faranda
Howard Hanna Rand Realty - Yorktown Heights, NY
Associate Broker / Office Manager

Bob, I was going tom post on that very video. I may still, but this is important stuff. In addition to all the other things we blog about and comment about on this platform, it would behoove us to be informed about what is going on the financial markets and how it affects our clientèle. 

Sep 23, 2010 08:23 AM
Pat & Wayne Harriman
Harriman Real Estate, LLC (203) 672-4499 - Wallingford, CT
Broker/Owners, Wallingford CT Real Estate

Wow, this kind of stuff should be criminal. Hell, it probably is, but that never stopped the banks from doing something before. I hope everyone gets a chance to read this and watch the video, and then spread this around wherever they can. Insanity is too mild a word to describe this, in my book. Thanks for being on top of this, Bob!

Sep 23, 2010 09:19 AM
Bob Hertzog
Summit Home Consultants - Phoenix, AZ
Designated Broker

One thing that I forgot to mention in my blog is the FDIC's announcement on 8/31/10, saying that the Deposit Insurance Fund currently has a balance of NEGATIVE $15.2 Billion.  Gee, I wonder why?  

Remember, they forced the lenders to pre-pay their next 3 years of premiums at the end of 2009.  So, where are they going to get their money from now on?  From us, of course.  :)

Sep 23, 2010 09:31 AM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

Bob, I am one of those Conspiracy Theory people who everyone says is "Paranoid".  

People have no clue about the manipulations at the highest levels of the Financial and Political World.

Great video, and I linked to it on my new Facebook Fan Page.

Sep 23, 2010 10:10 AM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

It's important that more people understand what's going on to try to get the banks to be more responsive or responsible.  And, hopefully the government will help clean this up.

Sep 23, 2010 11:06 AM
Jeffrey DiMuria 321.223.6253 Waves Realty
Waves Realty - Melbourne, FL
Florida Space Coast Homes

do we really think we can change the way banks do business....the govt will clean up nothing!

Sep 23, 2010 11:27 AM
Ray Saenz
Exit Realty Laredo - Laredo, TX
Homes for Sale in Laredo, TX - Texas, Realtor

Bob,
You are the best and thanks for letting know many of us and all people around what these lenders are doing and how they are affecting many borrowers and good people around, hope Washington can listen and do something !

Sep 23, 2010 05:15 PM
Pamela Seley
West Coast Realty Division - Murrieta, CA
Residential Real Estate Agent serving SW RivCo CA

Bob, thanks for posting this.  I know when I read your first blog I was shocked by the sheer greed of it all.  I don't know if you remember but we spoke briefly on the phone about the video that was taken from your blog that went viral and also about a short sale I had at the time with IndyMac.  It did finally go through, btw, but the buyers had to step up in order to make it happen! 

On the face of it, the loss share program sounds great (from the FDIC video, Loss Sharing Explained), but who's really paying for it?  Like you say in your video, ok, so the bank makes a profit, but to dig for more money from a borrower/homeowner who just doesn't have the money and tie them to a note after a short sale is just plain GREED.  It doesn't have to be that way and that needs to stop. 

Great blog, and important stuff I will bookmark and share with everyone I can.

Sep 23, 2010 11:22 PM
Missy Caulk
Missy Caulk TEAM - Ann Arbor, MI
Savvy Realtor - Ann Arbor Real Estate

I read your blog the other day on this on your outside blog. I sent it to a listing agent that my buyers have an offer on with OneWest, ie..Indy Mac. 

Thanks I will reblog if you gave us permission. 

Sep 24, 2010 01:11 AM
Bob Hertzog
Summit Home Consultants - Phoenix, AZ
Designated Broker

Pamela, thanks for checking in.  I do remember talking to you, and am glad you were able to pull it off.  Like I said in the blog, my biggest concern is that the FDIC is doing nothing to police the banks, to make sure they are following through with their end of the deal.  According to the guidelines of the loss share program, all participants MUST work with homeowners to avoid foreclosure.  Instead, they seem to be moving full-steam-ahead and foreclosing anyway.

Hi Missy, feel free to re-blog/post wherever.  Or, feel free to just forward the video if you'd like.  I just want people to see the reality of what is going on out there.

Sep 24, 2010 03:51 AM
Elite Home Sales Team
Elite Home Sales Team OC - Corona del Mar, CA
A Tenacious and Skilled Real Estate Team

The whole thing is smoke and mirrors.  This Gov. is lying to us everyday.

Sep 24, 2010 06:22 PM
Melissa Zavala
Broadpoint Properties - Escondido, CA
Broker, Escondido Real Estate, San Diego County

Bob: I do not even pretend to know as much on this particular issue as you do. I do, however, remember that some other folks made a nasty video about this issue in February and were asked by the FDIC to remove it from the Internet. FDIC's response is written here: http://www.fdic.gov/news/news/press/2010/onewest_lossshare.html 

Have you done any research as to whether their response is accurate? If so, can you please share your thoughts. Thanks

Sep 25, 2010 06:22 AM
Bob Hertzog
Summit Home Consultants - Phoenix, AZ
Designated Broker

Hi Melissa,

The funny thing about the video you referenced is that it was taken word-for-word from my original blog in September/2009.

I've tried to do the research to see if the FDIC response was accurate, but until they actually release the numbers, there is no way to tell.  They can basically say whatever they want, and we are all forced to take their word for it.  In other words, no transparency.  

What I do know is that at the end of June/2010, they were on the hook for $177 Billion in loss share commitments. Add to this the fact that they forced lenders to pre-pay their premiums for the next 3 years, and the fact that the FDIC is still (as of 8/31/10) $15.2 Billion in the hole (after receiving $45 Billion from the lenders in November/2009), and I think you can see the problem.

The main point I'm trying to drive home in the video (and in my blogs) is that programs like this give banks an incentive to NOT work with homeowners, and proceed to foreclosure.

There is no way for someone like me to determine how much these loss share agreements have cost the FDIC, or how much has been paid out.  Unless, of course, they release those numbers.

Sep 25, 2010 06:44 AM
Melissa Zavala
Broadpoint Properties - Escondido, CA
Broker, Escondido Real Estate, San Diego County

Thanks for your response. Yes, your video does a great job in conveying that message and is VERY professional. I love it!

Sep 25, 2010 08:29 AM
Bob Hertzog
Summit Home Consultants - Phoenix, AZ
Designated Broker

You betcha, glad you enjoyed it, and thanks for the comments!

Sep 25, 2010 12:25 PM
Bob & Leilani Souza
Souza Realty 916.408.5500 - Roseville, CA
Greater Sacramento Area Homes, Land & Investments

What an eye opener, Bob...thanks for posting such an informative post and the video! I'm re-blogging this. :)

Leilani

Sep 26, 2010 08:06 PM