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Basic Misunderstandings about the Benefits of Foreclosure--As my former mentor used to say " I am shocked, chagrined and dismayed" at the lack of true understanding of the process.

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

I recently wrote a post about the insensitivity of Lenders to the plight of "under-water" home owners seriously behind on their mortgages. I characterized the group I was analyzing as the people whose mortgages had been legitimate when they began, but which, because of circumstances generally beyond the Borrower's control (loss of job, illness, family emergency) were no longer viable for the Borrowers involved.

I indicated that I had a population of clients who could pay something, just not the amount due now, or the substantial arrearages involved. I may have informed you in the past that our firm has a client which has purchased "scratch and dent" mortgages at a discount, and then, after a extensive interviewing process, conducted by retired law enforcement people, who have skill in interviewing, set up a program of monthly payments for the Borrower which are designed to get the Borrower into a positive frame of mind and having some assurance that if he or she adhered to this program, they and their family could stay in the residence. I have received comments to my posts to indicate that others are doing this in other parts of the country. My client is New England oriented.

Contrast this type of approach to foreclosure. The legal fees involved in foreclosures are substantial, sometimes running $15,000 to $20,000, all-in. Then there is the expense of securing the dwelling when it becomes REO. What if the former owner doesn't want to leave? In Massachusetts, the REO Bank needs to go through an entire eviction proceeding before the REO Bank can gain possession. Then, and only then, can the REO Bank engage the services of an REO Broker to sell the REO, probably at price lower than its current value because of its history. Foreclosures cost money, and it seems that out boosting up Lenders with Federal money in the past, has paid for same.

My point to you hard-boiled Capitalists who tell me comment after comment, how this is a society based on free choice and financial accountability, I am not convinced that the foreclosure route is the best economic decision, set aside the havoc that a foreclosure wreaks on a family with children. We, on AR, ought to be looking at this problem from all sides. Arriving at the "correct" decision here, not the "expedient" one may well lead our country out of a continuing real estate malaise.

Anonymous
Gary Ytreeide (Realty World Rockport) Rockport, Tx

You make an excellent argument.  I, a hard boiled capitalist, foreclosed on an investment property that I had no business investing in the first place.  Foreclosing is an expensive and disruptive process and in some states it is intentionally made that way - at least for the foreclosor (if there is such a word).  But it is just as expensive on an emotional state for both parties, and especially the foreclosee.

In my case, I had little choice.  The investor was not paying the taxes and did not carry insurance on the property (the investment was a rental property). But it was costly, and the costs haven't stopped but the revenue has.  Education can be very expensive.

Feb 28, 2011 03:38 AM
#41
Dale Cosack
BHHS Fox & Roach Realtors - Newtown - Newtown, PA
Newtopias: The Cosack Team

Great post!  I agree that we have to look at the issue from all sides but I think the biggest point to folks who say let Capitalism play out is exactly the fact that in the end it often costs the banks more time & money than some of the other options.  I personally made an offer on a short sale years ago and after I did my inspection and was all set to close the bank foreclosed.  I called the bank and all they would say is you'll have to wait until we list it as an REO.  I tried to explain that I am ready to purchase the place as is today, but the answer was no we have to go through our beurocratic process.  6 months later after I had found another home for my family I see the home pop back up on the market.  They sold it for $15k less than I was willing to pay and that doesn't include all the man hours they paid over the 6 months and doesn't take into account how the former owners would have also benefitted from the short sale.  This is bad for everyone & not a good financial decision by the bank.  Lose-Lose for everyone.

Feb 28, 2011 04:15 AM
Ric Mills
Keller Williams Southern Az - Tucson, AZ
Integrity, Honesty, and Vast Real Estate Knowledge

The problem with today's market is all about GREED.  Everyone has a share in this debacle.  The Banster;s should have known better, but saw big profits on home loans.  The homeowner that took out big ELOC loans not considering the future of home prices(where did that money go?).  Everyone wanting a home NOW, at any price and now that it is upside down wanting to bail out like it was a broken toy.  The FLIPPERS that bought and sold in 60 days for big profits till the last one standing went under. The crazy rise in home prices was fueled by everyone, so there is lots of blame to go around.  Yes the Banksters are mostly insured, but still will have losses in money, time, legal costs and stock prices.  The unfortunate victims are the homeowners that got caught up in the zeal and now stand to lose credit and money in this.  The other big loser is John Q.  that is being asked to bail out this problem.  So here we are with a huge mess that will take another few years to sort out and a lot of lost money and displaced people.  There is enough blame to go around and we can only hope there is a big life lesson in here somewhere.

Feb 28, 2011 04:21 AM
David Miller
Seacoast Realty, Inc - Melbourne, FL

Because we speak in non personal terms such as "THE BANKS" it makes it difficult to pin the blame on an individual or appeal to their conscience. As long as the decision makers are able to hide behind corporations  and middle management types, nothing will ever change. People in power  at the banks are able to make the cold hearted decisions that seem to negatively impact everyone, even the banks themselves, because they know they will never be held personally accountable. So they can sleep at night, feeling that what they are doing is in the best interests of their "shareholders" when the decisions made are usually based on expediency and efficiency(another words, whatever is easiest), not necessarily long term profits. Keep in mind, bonuses are usually based on quarterly and annual performances, not what will help all parties in the long run.

Feb 28, 2011 04:34 AM
David Miller
Seacoast Realty, Inc - Melbourne, FL

Because we speak in non personal terms such as "THE BANKS" it makes it difficult to pin the blame on an individual or appeal to their conscience. As long as the decision makers are able to hide behind corporations  and middle management types, nothing will ever change. People in power  at the banks are able to make the cold hearted decisions that seem to negatively impact everyone, even the banks themselves, because they know they will never be held personally accountable. So they can sleep at night, feeling that what they are doing is in the best interests of their "shareholders" when the decisions made are usually based on expediency and efficiency(another words, whatever is easiest), not necessarily long term profits. Keep in mind, bonuses are usually based on quarterly and annual performances, not what will help all parties in the long run.

Feb 28, 2011 04:35 AM
David Miller
Seacoast Realty, Inc - Melbourne, FL

Because we speak in non personal terms such as "THE BANKS" it makes it difficult to pin the blame on an individual or appeal to their conscience. As long as the decision makers are able to hide behind corporations  and middle management types, nothing will ever change. People in power  at the banks are able to make the cold hearted decisions that seem to negatively impact everyone, even the banks themselves, because they know they will never be held personally accountable. So they can sleep at night, feeling that what they are doing is in the best interests of their "shareholders" when the decisions made are usually based on expediency and efficiency(another words, whatever is easiest), not necessarily long term profits. Keep in mind, bonuses are usually based on quarterly and annual performances, not what will help all parties in the long run.

Feb 28, 2011 04:35 AM
Carey Valentine
Medallion Mortgage Company - Bountiful, UT

It is all about the rich getting richer and by that I mean the wealthiest/corporations have no issue with ethics or morals because it's about the money and mainstreet is a machine to them; sewing the golden threads into their parachutes and hand towels.  It will be interesting to see where we're at in 5, 10 years from now. 

Feb 28, 2011 04:36 AM
Denver Johnson
West USA Realty, Mesa AZ - Gilbert, AZ

Great commentary, Elliot. As to the "hard-boiled Capitalists who tell me comment after comment, how this is a society based on free choice and financial accountability", I think they are right-- but not in the way they think. Individual Americans are not bound to keep making payments on a home because they signed the contract. They ARE bound to honor the terms of the contract. Same as any commercial borrower, they have the option to walk away from the deal, and accept the contractural consequences. We are a society that is based on law, and the signed contract is a form of law. That we must keep on making mortgage payments that take the food off the table-- well, that is just a myth.

Feb 28, 2011 04:40 AM
Ron Jesser
Real Estate eBroker Palm Springs - Palm Springs, CA
Palm Springs California Homes For Sale

Let us not forget those who are playing this for all its worth and for their own personal gain. I know of people who can well afford their mortgage and went the loan mod or short-sale route.  Another man (single) lost his job in September and immediately contacted his bank for a loan mod. Do you think he told them that he had a full 6 month severance package as they told him to stop making his mortgage payment?  And do you think he told them of the brand new home he was building in Costa Rica?  Or all the assets he has hidden? Did they think it was odd that he would only grant them access to page one of his tax returns?  I for one am fed up with it all.  If you really have a sickness, family emergency or are out of money, you have my full support and deserve help to keep your home. But until we get these rich sandbaggers to show their wealth when they ask for a loan mod or short sale, then I'm going to continue to think the system is indeed still broken.  You bought the house and if you can still afford the payment and your job is still there or if you have enough assets to pay it off many times over, then suck it up.

Feb 28, 2011 06:11 AM
Anonymous
Alan Watt
I was just involved with an interesting and unbelievable situation where I represented the Buyer. It was a short sale with a 1st of $300,000 owed including all costs and arrears. The 2nd was about $250,000 total balance, but they were willing to settle for $33,000. My Buyer was willing to pay $370,000. A short sale negotiator was involved with a letter in hand from the 2nd TD holder, Bank of America. The negotiator was trying to get the 1st TD lender to postpone the foreclosure sale as we were just a few days away from closing. They declined and let it go to sale for $300,000. Guess who the 1st lender was? Well, it was Bank of America - same as the 2nd. Their Equity Dept lost $33K, my Buyer lost $1000 he had spent on Inspections ands appraisal, the Seller has a foreclosure on his records instead of a short sale, two agents lost combined commissions of $20,000, Escrow and Title got nothing for their efforts. Why would Bank of America or any lender do this? I can only presume they can dip into the bailout fund to make up some of their losses. So the taxpayer loses too! We should pool our similar stories and provide to our congressman - at least to the ones that don't get their campaign contributions from stupid lenders.
Feb 28, 2011 06:43 AM
#50
SUSAN GOUGH
HOMETOWNE REAL ESTATE - Leonardtown, MD

I aGREE WITH #11 and #23. This is such a scam and white collar crime is alive and well.

Feb 28, 2011 08:21 AM
Anonymous
Anonymous

There are days where you wish common sense was still abundant . . . we had a bank get sold here in Wisconsin, M&I, the oldest in the state, that lost over a billion dollars in the past couple of years.  It was sold to a Canadian conglomerate that went and paid the TARP money back to the Feds, get this, so that they wouldn't be violating the laws giving out over $200 million in golden parachutes to their executives . . . . $18 million just for the CEO.

Not only have we lost our moral compass in the United States, most don't even recall what one is!

Feb 28, 2011 08:23 AM
#52
Paddy Deighan MBA JD PhD
http://www.medicalandspaconsulting.com - Vail, CO
Paddy Deighan J.D. Ph.D

great blog...common sense seems to have fallen by the wayside.  Of course, it is one of the reasons that lenders are in this predicament!   My experience, and the collective experience of my colleagues in my network is that things are getting better. Today for example, Chase finally relented nad modified a loan that I have been working on in NY for over a year and they agreed to forgive some of the debt. Six months ago, this would not have happened.

Feb 28, 2011 08:58 AM
Sylvie Stuart
Realty One Group Mountain Desert 928-600-2765 - Flagstaff, AZ
Home Buying, Home Selling and Investment - Flagsta

Moving forward and helping as many familes stay in their homes is the best solution. It is going to take a villiage to turn things around and we certainly have a good start of candidates in the AR. Thanks for the post!

Feb 28, 2011 09:10 AM
Brad Hornshaw
Brad Hornshaw Realtor Lynnwood, Bothell, Everett - Lynnwood, WA
Realtor, Listing Agent, Buyers Agent, Investments
Hi Elliott I agree with you a hundred percent. Big banks are making no sense right now, But I guess with the bail out they can afford bad economic choices........Brad
Feb 28, 2011 09:14 AM
Steven Pahl
Keller Williams Tampa Properties - Tampa, FL
Real Estate Consultant Tampa, FL 813-319-6423

I agree with the concept that there is much blame to be shared all around, Ron #49 presents another aspect to be included in the problem.

 

Feb 28, 2011 10:36 AM
Simon Mills
Mills Realty - Toluca Lake, CA

I don't understand how the taxpayer is forced to bail out the banks, but the banks are not forced help out the taxpayer.

Feb 28, 2011 11:16 AM
Brenda, Ron, Lee Cunningham & Tara Keator
West USA Realty - Phoenix, AZ
Realtors, Homes for Sale - Phoenix Metro

Unfortunately there are a lot of homeowners having this problem and would be willing to pay a lot more that the banks sell these homes for to someone else, all the while taxpayers suffer.

Feb 28, 2011 03:37 PM
Pete Buckley
Independent Broker/Realtor, North San Diego County CA. - Del Mar, CA

Bigger plot at play here. If whats happening now wasn't the plan, it would be changed and quickly.

It SEEMS like foreclosure is the worst option but if that's the case, why is it the path chosen most? If it were bad for banks or investors they would change it yesterday. So, the big question is, how is this good for banks and investors? No doubt some dark plot will be revealed that involves tax money going from your wallet into the bank/investors wallet just like TARP and the FDIC scam with the sale of Indymac to George Soros...

Wanna bet?

Mar 05, 2011 04:26 AM
Dennis Neal
RE/MAX, Big Bear - Big Bear Lake, CA
Your Home Sold in 21 Days or We Sell It For Free

I agree, the cost of foreclosure is very high and the chaos that is creates is just as destructive as the financial side. Lowering values of neighborhoods etc.

Mar 13, 2011 09:24 AM