Banks Have Few Options In California
The North County Times reports form California. “Working as a real estate agent, insurance dealer, income tax preparer and credit repair specialist, Miguel Romero has helped Latinos buy 122 homes since 2004, becoming one of his firm’s best salesmen. But his customers have not been so fortunate; at least 75 of the homes Romero sold have fallen into foreclosure. The company caters almost exclusively to Spanish-speaking customers.”
“Romero’s sales practices, and the stories of some clients, provide a window into industry excesses that analysts say contributed to the region’s foreclosure crisis.”
“‘I felt bad; I even felt like throwing myself under a car,’ said Juventino Chavero, one of Romero’s clients.”
“Another client, Hermenegildo Amaya, said he could afford his Oceanside home, which had a fixed-rate mortgage. But after attending one of Romero’s seminars, he said, he saw an opportunity for a better life.”
“Romero promised riches, luxury cars and early retirement, clients said. They said they were referred to Romero by friends, family, neighbors and telemarketing calls. Amaya said he heard the sales pitch and decided to refinance his home to buy a second house.”
“‘They said your house is like a mine, and it has money you’re not using,” Amaya said.”
“After Amaya’s mortgage payments jumped, his second home, which had become his primary residence, went into foreclosure. He was able to short-sell it and will soon be moving back to his first home.”
“Sitting in the home they no longer owned, Amaya and his wife wondered whether they would be able to keep their first home, where payments have also increased under Romero’s plan.”
“Most of Romero’s sales and those of his agents were financed by a lender called FCM Corp., based in Simi Valley. Of Romero’s 122 sales, 75 were no-money-down mortgages with FCM, according to tax documents.”
“Carl Kock, one of FCM’s brokers, said in a recent interview that he worked with Romero on many of those loans. Kock said that he did not believe the clients’ stories that Romero and his employees encouraged them to lie.”
“‘They’re (Helping Build Wealth) a substantial company, and he (Romero) is their number one producer. I don’t think he’d risk his licensing,’ Kock said. ‘I would say that if there’s anybody in trouble down there, they (Romero’s clients) just don’t want to make the payments but they still can.’”
“The clients interviewed for this story said they had trouble keeping up with their mortgage because they were pushed into loans that they could not afford, not because they didn’t want to make them.”
“‘I was so dumb, I believed him and we signed,’ said Rosario, a client who did not want her full name published and who lost two properties through foreclosure because she was unable to make the monthly payments, which she said totaled more than $9,000.”
The LA Times. “Buyers and sellers who choose the short-sale option need to understand the choppy waters they’re entering, lenders and agents say. Buyers complain, justifiably, that the wait for bank approvals of short sales, typically 60 to 90 days, but sometimes considerably longer, seems endless and the transactions often fall apart.”
“Sellers, on the other hand, may face tax and credit problems. Under federal legislation recently passed to help distressed sellers in this type of situation, however, certain owners may not be taxed on that debt relief. This legislation applies only to the debt that the homeowner acquired to buy or improve the property, said Bill Ahern, a tax partner at Allen Matkins in Irvine. It does not shield taxpayers from income derived from cash-out borrowings.”
“Mark Shandrow, a Keller Williams Realty agent in Long Beach, is representing a seller with an outstanding home loan of $600,000. A buyer recently offered $430,000 for the home. The lender has agreed to the short sale, on the condition that the seller take an unsecured loan for $50,000 to offset part of the $170,000 the bank is forgiving.”
“‘I think she’s going to do it,’ Shandrow said. ‘If not, the bank could go after her for the other $170,000. This way, the deal is done. The bank won’t touch her.’”
“‘The waiting is torture,’ said Shandrow. ‘The banks are overwhelmed with short-sale requests, and some make sellers wait five months for an answer.’ That answer, in many cases, he added, is ‘no.’”
“In the Santa Clarita and San Fernando valleys, the number of short sales increased from at least 31 sales from May 2006 to May 2007 to at least 1,956 sales from May 2007 to May of this year, according to the Southland Regional Assn. of Realtors.”
“‘Banks aren’t happy about short sales,’ said Sherri Frost, a senior loan officer with Sherman Oaks-based Metrocities Mortgage, ‘but they have few options.’”
“The sellers also must provide income verification, their most recent bank and income-tax statements, the listing history of the house and other documentation. Then comes the wait. And frequent follow-up calls to the bank to make sure the file isn’t buried.”
“‘Banks won’t grant face-to-face interviews because of the volume of short sales and foreclosures,’ said Mary Ebersole, a Re/Max Realty Specialists agent in Long Beach. Even if the seller gets approval, she added, ‘there’s only room for cautious optimism.’”
“Second and third mortgages and even home equity loans can further complicate matters. Last fall, Pam Kennedy, a Coldwell Banker Ambassador agent in Whittier, was disheartened when her short-sale client’s lender demanded, after a long wait and with a buyer already on board, that the seller sign a promissory note for $15,000, which would be interest-free and amortized over 10 years.”
“The seller had taken out a second mortgage awhile back to buy a recreational vehicle for $25,000 and pay off some debt. The lender wanted to recoup some of the loss it was absorbing.”
“The seller was going through a divorce, starting a new job and was afraid she couldn’t make the payments. Also, despite months of effort, she couldn’t sell the RV — an asset, in the bank’s opinion. The deal fell through and the bank foreclosed on the property. The experience left a bitter taste in Kennedy’s mouth.”
“‘I avoid short sales and advise buyers to avoid them,’ Kennedy said. ‘They are miserable.’”
“Buyers looking for bargains should wait until short-sale and foreclosure prices are down about 35% from the peak market in their search area, said James Joseph, owner of Century 21 Ambassador in Brea and Whittier.”
“‘Short sales and foreclosures are the nails in the floor of the market,’ Joseph said. ‘That’s where the bargains are.’”
The Bakersfield Californian. “Bakersfield’s Parkview Cottages at 21st and R streets were meant to be a model of affordable housing. But the 74-unit infill project was apparently brushed aside when the residential market boomed.”
“Now, the city-subsidized tract across from Central Park - first expected to open more than four years ago - has sold just 28 units. Another 15 or so sit empty and the remaining lots are dirt.”
“Local developer Petrini Brothers Inc. (was) chosen because of their expertise in building custom homes, she said. When the market exploded, they ‘jumped on the bandwagon of ag-land conversion,’ said Donna Kunz, economic development director for the city of Bakersfield.”
“On Tuesday, two default notices were filed against Petrini Construction, a business name for Petrini Brothers Inc., by local lender Batey Development Corp.”
“Kunz is disappointed the project wasn’t finished on time. The deadline has been extended - and missed - several times, most recently until December 2007. ‘The frustrating part,’ she said, ‘is that we kind of missed a window of opportunity.’”
“For a time, the cottages were appraised near $300,00 apiece, she said. The highest price fetched was $279,500 in August 2006, according to information from First American Real Estate Solutions. The most recent sale last month brought in $195,000.”
“Even when differences are broken out by price per square foot, May’s sale shows a sharp drop. The 1,609-square-foot cottage sold for $121.19 a square foot. That’s 22 percent less than the priciest of the five units that size, which in February 2007 fetched $154.75 per square foot.”
“Realtor Louie Gregorio, who handled May’s sale, believes prices will have to go lower still. ‘It’s a great product,’ Gregorio said, but the market downturn has made pricing ‘not as attractive as it was.’”
The Fresno Bee. “(A) survey by the nonprofit group California Reinvestment Coalition, which advocates increased access to credit for California’s low-income communities, shows an across-the-board frustration with lenders.”
“Counselors say lenders are difficult to work with, aren’t doing enough outreach to borrowers in trouble and aren’t being consistent in the way they handle the homeowners they do agree to help.”
“The result, the survey says, is that foreclosure remains by far the most common outcome for homeowners in trouble — and it says the problem has gotten worse between the summer and the winter of 2007, when the survey was conducted.”
“‘This is a game that has no rules so far,’ said Kevin Stein, the survey’s author. ‘We need further regulation of these important, life-altering decisions that are being made every day by these loan servicers.’”
“Martha Lucey, executive VP of By Design Financial Solutions in Fresno, said that many homeowners signed on to loans that they could never afford for the long term with the opportunity to refinance based on rising home prices.”
“But that’s an opportunity that a declining housing market has taken away from them, she said. Homeowners who have built up little or no equity in their homes and who have seen the value of their home fall below the value of their loan ‘are going to have a very difficult time making the modified loan payment,’ she said.”
“‘For 60% to 70% of the homeowners we see, our discussion is more focused on an exit strategy,’ Mendoza said. That includes a short sale of the property or, in the worst case, a foreclosure, she said.”
“That means, Mendoza said, that ‘the borrowers need to take responsibility and come up with a plan that’s workable.’”
“The past five years of lending have been marked by loose standards. People who should never have qualified were issued everything from no-documentation loans to loans that left borrowers owing more every month.”
“As a result, said Jodi Woodsmith, foreclosure counseling manager for Self Help Enterprises in Visalia, some homeowners just aren’t in a position to save their homes. She said homeowners definitely need to have a job or some kind of income.”
“In that sense, lenders are ‘going back to the old-fashioned way they used to do it five years ago,’ she said. ‘If they’d stuck with that, we wouldn’t have these problems we have in the first place.’”
“As an example of a loan that cannot be saved, Woodsmith told the story of a client who picks blueberries seasonally and makes $1,400 a month about three months a year.”
“‘Her mortgage payment was $1,100 a month,’ she said.”
The San Francisco Chronicle. “On a sunny Saturday afternoon, a dozen passengers spilled out of a small white bus bearing the sign Foreclosure Bus Tour and flocked into a Santa Rosa ranch-style house with a for-sale sign outside.”
“Foreclosure tours are the latest wrinkle in house hunting. Enterprising real estate agents load up a busload of bargain seekers and drive them to visit foreclosed homes being sold by banks.”
“Last week in Santa Rosa, agents from Cash Back Home and Loans took a small group of house hunters on a two-hour tour of six foreclosed properties, all three- or four-bedroom homes and town homes, built from 2000 to 2003 in cookie-cutter subdivisions on the city’s southwest side.”
“Ranging from $277,000 to $375,000, all the houses were in relatively good shape, although one had a kicked-in bedroom door. ‘They must’ve been angry when they left,’ one house hunter said.”
“Several had the ‘foreclosure theme song,’ a smoke alarm incessantly chirping because its batteries are low.”
“The tours have proved very profitable, said Cindi Hagley, a broker-associate in San Ramon, bringing in people who use her as their buyer’s agent.”
“‘I was a high-end listing agent until this market turned,’ she said. ‘I had two options: I could either sit and cry about it being an awful market, or I could make hay while the sun shines’ - becoming an expert in short sales and foreclosures.”
“In the Bay Area, the biggest home-repo outing is Foreclosure Finder Tours in eastern Contra Costa County, the area hardest-hit by foreclosures. Nine agents in Brentwood banded together in December to buy a 10-passenger van for $20,000; they run four tours every weekend, visiting about six homes per tour.”
“‘We’re trying to help get rid of some of this inventory, to get us out of this mess,’ said Realtor David Navarrette, who said he’s landed two deals from the tours. ‘We’ve got a ton of (foreclosed) homes on the market and are getting more and more in the hopper.’”
“‘I’m looking for a deal,’ said Wayne Bailey of Santa Rosa, who described himself as a ‘retired peon’ taking the tour to look for investment property. ‘There have been vultures down through the ages. Could I be a vulture? Not at my level.’”
“Bailey said the homes weren’t as bargain-basement as he had hoped. ‘With most of these houses, you’re talking 250 bucks a square foot, which is high for me,’ he said. ‘I want to pay $200 a square foot or less. You can do that in Stockton or Sacramento but I’m probably barking at the moon to find it in Santa Rosa.’”