October 28, 2011

This Unshakable Belief Has Been Shaken To The Core

It’s Friday desk clearing time for this blogger. “Economist Peter Morici has taken a look at the housing crisis and doesn’t see much hope. He does see one way out, however. ‘If the Fed could get the investors who buy Fannie and Freddie bonds to accept interest rates of minus 3 percent, then young folks could be offered mortgages with appropriately negative interest rates. To accomplish that feat, the Fed would have to buy all those bonds itself-that’s right the Fed would finance all federally guaranteed mortgages and write off 3 percent a year.’”

“Morici is getting at something here, while setting up a preposterous option for Ben Bernanke. The real problem of the cheap money that the Fed has been unleashing by cutting interest rates to nearly zero, promising to keep them there, and then trying to drive rates even lower by doing two rounds of ‘quantitative easing’ plus ‘Operation Twist’ is…that cheap money isn’t good enough! Right now we need…free money!’”

“The Federal Housing Finance Agency announced plans Monday to revamp the three-year-old Home Affordable Refinance Program [HARP] to allow more underwater borrowers to refinance. Anthony Sanders, a finance professor at George Mason University, said a ‘fundamental disconnect’ exists between HARP’s goal of lowering monthly mortgage payments and the larger economic issues facing many Americans.”

“‘There’s no evidence that lowering a mortgage payment a few hundred dollars a month prevents defaults,’ he said. ‘Giving $200 a month to people who already have a job doesn’t really make any sense.’”

“Rep. Dennis Cardoza blasted Obama for ‘failure to understand and effectively address the current housing foreclosure crisis.’ Obama’s new plan is a step in the right direction but doesn’t go far enough, Cardoza says. His idea is to make refinancing available to many more homeowners at very low rates and for terms up to 40 years. If that plan were to be enacted, the government may as well just buy the homes and lease them back.”

“He would allow homeowners with government-backed loans to refinance no matter how little their homes are worth. There is no relief for homeowners who have lost their jobs and can’t make their payments or who are already in foreclosure. And many homeowners no doubt will choose to walk away from their debt instead of refinancing it.”

“Another issue is how the market will feel about providing more money for a home than it’s worth. Banks will go along because the refinancing includes a waiver by Fannie Mae and Freddie Mac that the government-backed agencies will agree not to seek refunds from lenders who made irresponsible loans.”

“Mesa Mayor Scott Smith hosted President Barack Obama in 2009 when the president launched his first foreclosure relief plan. When the housing crisis first hit his city, Smith said about 8 percent of the housing stock in Mesa was empty — about 12,000 homes. While fewer for-sale and foreclosure signs dot the landscape now, he those numbers have held steady for about four years now.”

“A former builder, Smith says most of his friends from that business have been out of work for three years. Most have lost their homes and spent all their savings. Now they are just scraping by. Are they even talking about presidential politics? ‘Not really. Maybe some are,’ Smith said. ‘But they’ve lost so much hope in what Washington can do. They are so turned off by the posturing, the bickering, the partisanship, that it’s not even worth talking about.’”

“Many boomers are saying they’ll keep working during retirement: a total of 73 percent in the new poll, compared with 67 percent in March. That’s more than in any other generation. Sherry Wise, a 53-year-old agricultural economist in Lorton, Va., a suburb of Washington, said she is worried she will have to work well into her 60s and beyond in order to continue paying her mortgage, keep up an investment property in New Mexico and look after her two daughters.”

“‘The one thing I know is that you can’t count on anything anymore. This economy has gotten so screwed up,’ Wise said.”

“About 6 in 10 baby boomers say their workplace retirement plans, personal investments or real estate lost value during the economic downturn. Of this group, 53 percent say they’ll have to delay retirement because their nest eggs shrank. Financial experts say those losses, including home prices that have dropped by a third nationwide over the past four years, have left boomers anxious about moving and selling their homes.”

“‘There’s a mistrust of the real estate market that we didn’t have before,’ said Barbara Corcoran, a New York-based real estate consultant. ‘There’s a concern about whether people will get money out of their house. They envision the home as a problem, not an asset, and this unshakable belief in homes as a tool for retirement has been shaken to the core.’”

“For many, losing a home is the definition of hitting bottom. But some former homeowners are finding themselves in an even tighter spot than they thought possible. They’ve lost their homes and wrecked their credit ratings. Now lenders are pursuing them for the debt that remains. former homeowners can think they’ve moved on, only to find that the debt is still there. The National Consumer Law Center, a nonprofit consumer advocacy group, confirms that deficiency judgments appear to be going up across the country, but how that plays out depends on state law. Geoff Walsh, a staff attorney with the organization, says approximately 40 states, including Idaho, allow lenders to sue former homeowners for the amount of the mortgage that remains after a foreclosure.”

“‘They’ve definitely been under the impression that they walked away from a situation, or it’s over,’ says Walsh, ‘and then this deficiency claim in court just comes back and hits them.’”

“Nothing appears out of the ordinary in the Heather Croft condominium complex in Egg Harbor Township. But beneath the surface, there are problems. A letter sent out to homeowners several weeks ago lists the names of neighbors who have fallen behind on their maintenance fees, leaving the homeowners association with more than half a million dollars in uncollected funds, the letter stated. More than 30 percent of owners of the complex’s 385 units were in arrears.”

“As a last resort, the association can place a lien on the property and start foreclosure proceedings. But banks also are foreclosing on some units when the owners fall behind on their mortgages, which makes the financial institution responsible for paying maintenance fees. Banks sometimes are reluctant to foreclose and add more units to their already burgeoning inventory of distressed properties.”

“When a bank forecloses on a New Jersey unit, it must pay six months of back fees dating from the time it takes possession, said Jane Herbert, director of collection services for the Wentworth-affiliated Community Collection Services. But many banks are waiting until they actually sell the unit before giving the homeowners association its share. A delay in the foreclosure process just adds to the problem, said Michael Mendillo, president of Wentworth Property Management. ‘If you decide not to pay (your mortgage), you could be in there for three years before they actually pull the plug on you,’ he said.”

“Heather Croft employs a collection attorney who uses various methods to extract money from delinquent homeowners, including garnishing their wages and bank accounts, property manager Monica Sacchetti said. A policy of towing the vehicles of nonpayers ‘works beautifully,’ she said.”

“The expectation is to find glamour and over-the-top glitz at this condominium linked to business magnate Donald Trump. So it comes as a surprise to walk into the lobby of Trump Hollywood to find it oozing understated elegance and sophistication. Four years ago, Harry Polsky, a Florida resident with Toronto connections, watched the gleaming curved tower go up, but suites at that time ranged from US$1.3-million to US$7-million, so he thought ownership at Trump Hollywood was an impossible dream. ‘It was the crème de la crème, but I knew we couldn’t afford it, so I didn’t even look,’ Mr. Polsky says.”

‘Then in January, Mr. Polsky heard that BH3, the new owners of Trump Hollywood who took over in 2010 after lenders foreclosed on the previous owners, had discounted prices. ‘I was ecstatic,’ says Mr. Polsky, who was the first person to buy a suite from the new owners.”

“Mr. Polsky, who lived in downtown Toronto in the late 1990s, paid US$748,000 for his 2,100-square-foot residence on the 11th floor.’We keep pinching ourselves - we can’t believe we have been able to buy here,’ says Mr. Polsky, a broad smile on his face.”

“Although the water level at Lake Conroe is nearing seven feet below the mean sea level measurement of 201 feet, the area around the lake remains a hotbed of housing activity. News of the strong sales left one Lake Conroe realtor feeling ’shocked’ ‘I get calls from people asking, ‘Where’s the water?’ says Trey Mills, a 10-year sales veteran at Lake Conroe. ‘It (the lake) is going to come back – one day.’”

“Judi Foster, a realtor with Coldwell Banker, credits there lake area’s other amenities, including quality schools, for the sales. ‘There’s a quality of life available here,’ she said. ‘Granted, you don’t expect this when there’s a drought, but we’ve got some astute buyers.’”




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50 Comments »

Comment by X-GSfixr
2011-10-28 07:34:26

Well, in his own bass-ackwards, convoluted way, Morici has finally identified the problem that no one else will admit.

It an income problem. Until the 99%ers can generate some more income, nothing is going to reverse the trend.

In the meantime, China has announced loud and clear that they don’t plan on modifying their trade policies, US businesses think they pay people too much as it is, and the government continues with the “Bandaids on sucking chest wounds” plans.

IOW, it sucks to be us.

Comment by CarrieAnn
2011-10-28 10:12:15

B-b-but…American companies are producing jobs.

Just not on our own shores.

“Now, U.S. firms are quietly moving high-paying accounting, finance and human resource jobs offshore.

National labor statistics reveal that in the past 10 years, American companies have slashed 2.9 million jobs in the United States. At the same time, they have created 2.4 million jobs for people overseas.”

http://www.wsbtv.com/news/news/local/home-depot-sending-jobs-offshore/nFNcC/

“Companies usually keep outsourcing details a secret, but two Home Depot executives taped a testimonial posted online for the outsourcing company in India now is handling some of their accounting functions.

On the testimonial, one executive said, “Really what I was looking for was the same thing at less cost.”

 
 
Comment by Realtors Are Liars®
2011-10-28 07:36:14

“Economist Peter Morici has taken a look at the housing crisis and doesn’t see much hope.”

Hope for what? More grossly inflated housing prices?

That bow-tie wearing bitch has been pimping inflated housing since 2001. He’s a Liar.

 
Comment by Cantankerous Intellectual Bomb Thrower©
2011-10-28 07:43:11

“Another issue is how the market will feel about providing more money for a home than it’s worth. Banks will go along because the refinancing includes a waiver by Fannie Mae and Freddie Mac that the government-backed agencies will agree not to seek refunds from lenders who made irresponsible loans.”

If banks will go along, then it’s all good: Who cares what the serfs think?

Comment by trainwreck
2011-10-28 08:28:59

As Casey Serin would say: “It’s all good it’s all good…”

 
Comment by Neuromance
2011-10-28 09:53:31

The ones writing the rules are the current crop of politicians. They are perfectly happy with transferring sovereign wealth to private corporations, since those very same private corporations turn around and return some of the money right back to them.

It’s a great form of money laundering for politicians. Especially now that limits on corporate donations have been lifted.

 
 
Comment by Cantankerous Intellectual Bomb Thrower©
2011-10-28 07:48:01

‘It (the lake) is going to come back – one day.’

So is the real estate market — one day.

Comment by Arizona Slim
2011-10-28 09:18:18

Not too far from Ben’s abode in Flagstaff, AZ is a town called Mormon Lake. Actually, it’s more of a village than anything else.

The actual Mormon Lake hasn’t been a viable body of water since I don’t know when. Last time I was there, the local store was selling “Ski Mormon Lake” tee shirts. ISTR that they showed a waterskiing guy being towed across a dusty expanse by a pickup truck.

Comment by Ben Jones
2011-10-28 09:32:49

I’ve done some work there. Lots of foreclosures for such a small place. It’s a volcano crater. I heard the Salt River Project diverted the only stream in and that’s why it’s dry now.

 
 
Comment by ProperBostonian
2011-10-28 12:47:05

Remember after the dotcom bubble burst, every week we had to hear about how it was going to come back next month, next year. After five years they finally figured out that it wasn’t coming back.

Comment by Montana
2011-10-28 13:49:15

Yes I remember thinking for a couple years how “cheap” shares of Qualcomm or Lucent or Nortel looked compared to 1999. I made a little money on Nortel in a dead cat bounce.

The interesting thing was a couple smaller companies I did business with, that jumped on the bandwagon late, really bit the dust, and I LOL’d. One was formerly our power company here, one was a supplier, one was started by my ex-boss in 1999, dead in 2000…I wonder how many micro dot coms around the country went TU in 2000.

 
Comment by snake charmer
2011-10-28 15:16:43

Actually I didn’t hear that, probably because that bursting bubble cost me my job at the time. But I knew better anyway. My company, and many like it, never made a cent in profit, and if there was one word that characterized our business, it was “overcapacity.”

Comment by Mot
2011-10-28 21:46:54

I was in a dot com that didn’t bomb. It got bought by Apple - one of the first acquisitions that it made during the boom.

Made more money on my house than I did on the stock. Sold both 2 years early.

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Comment by polly
2011-10-28 07:53:43

“Sherry Wise, a 53-year-old agricultural economist in Lorton, Va., a suburb of Washington, said she is worried she will have to work well into her 60s and beyond in order to continue paying her mortgage, keep up an investment property in New Mexico and look after her two daughters.”

Welcome to the club, dearie. Some of us knew that a while ago even though we don’t have mortgages, investment properties or college costs.

I do not understand people who think that their life is goign to be just like the lives of the people who preceded them, even though the world has fundamentally changed. Your kids can’t pay all their living expenses at school by putting in 10 hours a week at the dining hall and cover a chunk of tuition through a menial summer job. People before didn’t have a mortgage when they hit 60. Investment properties were non-exisitant or were cheaply purchased with cash. Not the same world. Not the same life.

Comment by Realtors Are Liars®
2011-10-28 08:06:33

The delusion of the housing debtor runs deep. Convinced there is a huge payoff at the end of their mortgage slavitude. They’re too stupid to even figure their interest costs which would tell them that it’s a money pit.

 
Comment by WT Economist
2011-10-28 08:09:18

With each generation progressively worse off, it’s no surprise that those older have ended up supporting those younger into adulthood.

And once the front half of the baby boom bankrupts the nation’s old age benefits, those at the back end will have to rely on their children when they reach deep old age.

But for a large share of Americans, the family unit has collapsed in recent decades. Some didn’t have children. Some didn’t have caring parents. So now what?

Gonna be ugly.

Comment by scdave
2011-10-28 08:28:36

+1 WT…I agree…

 
Comment by 2banana
2011-10-28 08:36:43

Some didn’t have children. Some didn’t have caring parents. So now what?

Many chose NOT to have children on purpose. Too much trouble. Too much money. Gotta do alot of other things.

Besides - the government will take care of me when I get old and have spent all my money.

Comment by scdave
2011-10-28 09:07:51

Many chose NOT to have children on purpose. Too much trouble. Too much money. Gotta do alot of other things ??

Singles & DINK’s…I see a lot of them and know many…Not willing to give up what they have to have children…No ROI I guess from their perspective…To each his own….

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Comment by jim
2011-10-28 09:24:52

“Too much trouble. Too much money. Gotta do alot of other things ??”

Or they realized that they couldnt afford to have childern and give them a decent life, like several of my friends. When you are living paycheck to paycheck, and are smart enough to choose when to have children, sometimes sadly the choice is no.

 
Comment by b-hamster
2011-10-28 09:25:18

I never understood why people are so adamant about having children. Why is this an obligation? Especially Americans - in an world of ever diminshing resources - using a quarter of the world’s resources. Call me a tree hugger, but there just ain’t enough earth to go around for seven billion people all aspiring to live the lifestyle of Americans. It’s getting as ugly as the ‘alarmists’ in the eighties predicted - whether socially, ecologically, economically, politically…

People imply selfishness when we decide to not procreate. I always viewed is the other way around. Not bringing children into this world is something I’ll never regret.

 
Comment by Arizona Slim
2011-10-28 09:42:35

People imply selfishness when we decide to not procreate. I always viewed is the other way around. Not bringing children into this world is something I’ll never regret.

I’m with ya, b-hamster.

 
Comment by NYCdb
2011-10-28 12:57:56

I tend to think of having children as being the selfish thing. Ask anyone why they had kids and the answers are usually “I thought I would make a good Dad/Mom,” “I wanted to teach my kid X,” “I thought they would give my life meaning,” “I thought having kids would get my wife off the Heroin.” Whatever their response chances it starts with “My” or “I.”

 
Comment by Overtaxed
2011-10-28 12:58:41

“People imply selfishness when we decide to not procreate. I always viewed is the other way around. Not bringing children into this world is something I’ll never regret.”

Couldn’t agree more. Who says that children want to be brought into this world? I’m not so morbid that I’d “rather not be born”, but, then again, I have a very good life compared to almost everyone out there (high income, loving wife, good extended family).

Frankly, I think it’s a big letdown to be born today into a high income family. Chances are very good that you’ll never have the opprotunity to live as well as your parents have. If your parents make 500K/yr, what are the chances that you’ll ever reach that level of success?

 
Comment by ahansen
2011-10-28 14:18:03

If the ‘rents are making 500K a year, chances are you’ll not have to worry about making 500K a year when you get older….

Single mum here, the birth of who’s one offspring affected her lifestyle not one iota. Best thing that ever happened to me; and as I get older, the one thing I can point to and say, Yep. That was a great decision.

Fortunately, my son agrees. (For the record, I have “adopted” a dozen or so more over the years, all of whom call me “Mu-ther.”) No one ever tells you how much FUN it’s going to be….

FWIW, the reason I chose to reproduce (as a young girl I vowed I’d not have a child until I had at least 100K in the bank in my own name– and that was back in the 1960’s,) was because I realized that the remarkable, educated women of my generation who were opting out of the genetic pool were self-selecting as the end of the line. That all that talent, the end result of thousands of generations of selective breeding, would end when they did.

I felt I owed it to the sisterhood to replicate the best example of that breeding I could manage– so I did. But I agree, 90% of the people I’ve run into in my life do little but take up skin and make a lot of unnecessary noise in other people’s backyards.

 
Comment by Carl Morris
2011-10-28 14:47:55

Best thing that ever happened to me; and as I get older, the one thing I can point to and say, Yep. That was a great decision.

+1

 
Comment by Arizona Slim
2011-10-28 15:07:47

But I agree, 90% of the people I’ve run into in my life do little but take up skin and make a lot of unnecessary noise in other people’s backyards.

I like your way with words, ahansen.

 
 
Comment by Arizona Slim
2011-10-28 09:23:15

Many chose NOT to have children on purpose.

Count me as one of them.

Very early in life, after seeing many grownups doing a half-baked job of parenting because they didn’t really-truly want the job, I decided that having and raising kids wasn’t my cup of tea either. I realized that I just didn’t have the temperament for it.

And, even more important, parenting is a job for volunteers, not conscripts.

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Comment by maus
2011-10-28 14:43:14

Actually I choose not to have children because I didn’t believe in bring an unwanted child in the world. Not everyone is meant to be a parent, could be many reason but have a children just because is a lousy reason.

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Comment by jess upstate sc
2011-10-28 11:44:35

The Kids were still being concieved & birthed ,mostly south of our Borders ,when so many Baby-Boomers decided not to ”add to the numbers”.
Now they are here , ready to work and contribute in their own terms and ethnic stripes…..

Comment by cactus
2011-10-28 14:05:51

If Americans have few children compared to other countries then going forward I expect there will be a smaller America, and not just in numbers of people living there.

A smaller america maybe just half the size it is today the rest going back to where it came from…

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Comment by Sammy Schadenfreude
2011-10-28 08:00:26

http://www.bloomberg.com/apps/quote?ticker=GBTPGR2:IND

Italian bonds gone wild. This the day after the bailout that was supposed to save the world.

More “peace in our time” from the clueless European leaders.

Comment by Neuromance
2011-10-28 09:57:18

‘If the Fed could get the investors who buy Fannie and Freddie bonds to accept interest rates of minus 3 percent, then young folks could be offered mortgages with appropriately negative interest rates. To accomplish that feat, the Fed would have to buy all those bonds itself-that’s right the Fed would finance all federally guaranteed mortgages and write off 3 percent a year.’”

“Morici is getting at something here, while setting up a preposterous option for Ben Bernanke.

One thing I have learned over these past few years is that there is no option too preposterous for The Bernank.

Comment by ProperBostonian
2011-10-28 12:42:06

This has got to be one of the daffiest ideas proposed. We’re going to forget about the rest of the economy and promote negative interest rates so we can offer mortgages to “young folks” who probably don’t even have jobs.

Comment by Doug in Boone, NC
2011-10-28 14:12:20

“This has got to be one of the daffiest ideas proposed. ”
You lose. This one has that one beat: http://www.moneytalksnews.com/2010/09/21/new-help-for-responsible-yet-underwater-homeowners/

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Comment by 2banana
2011-10-28 08:09:21

“Heather Croft employs a collection attorney who uses various methods to extract money from delinquent homeowners, including garnishing their wages and bank accounts, property manager Monica Sacchetti said. A policy of towing the vehicles of nonpayers ‘works beautifully,’ she said.”

No FB dollar will be allowed to escape.

A cottage industry is sprouting up to go after delinquent homeowners (or deadbeats)

So much for strategically walking away…

Comment by Sammy Schadenfreude
2011-10-28 08:13:21

Accountability for obligations you take on. What a concept.

Comment by Sammy Schadenfreude
2011-10-28 08:14:48

http://www.bloomberg.com/news/2011-10-28/sec-enforcers-frozen-as-watchdog-unleashes-chilling-probes.html

Speaking of accountability, the asleep-at-the-switch “enforcers” at the SEC are not happy with their new Inspector General, who unlike the rest of that bunch seems to take his responsibilities seriously.

Comment by snake charmer
2011-10-28 15:25:18

“Now critics led by former SEC Chairman Harvey Pitt say Kotz is undermining the market regulator’s effectiveness.”

________________________/

No, he’s undermining the agency’s ineffectiveness. Especially from Pitt’s viewpoint.

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Comment by Realtors Are Liars®
2011-10-28 08:17:04

So long as that concept works ALL the way the food chain.

 
 
Comment by cactus
2011-10-28 14:07:46

A policy of towing the vehicles of nonpayers ‘works beautifully,’ she said.”

you can do that? really ? I read it to mean don’t pay on your house and we tow your vehicle?

I doudt it

Comment by bink
2011-10-28 15:33:17

It’s a condo. They can probably revoke the parking sticker when they don’t pay their dues.

Comment by Eggman
2011-10-31 13:15:28

I’m all for it. Condo owners get a lot of ‘house’ benefits from their HOA dues. Mine, I get garbage pickup, water, HOT water, all grounds maint., periodic painting and roofs, blacktop sealing, insurance, structural repairs, and it all gets taken care of by someone else. People who don’t pay their HOA should have their cars towed and their water shut off, minimum.

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Comment by snake charmer
2011-10-28 08:32:20

That Canadian puff piece on the Trump building is as bad as anything written in 2005, although it thankfully omits the words “paradise,” “nirvana,” and “utopia.” I keep waiting, in vain, for the arrival of the consensus that the Trump brand exists solely to separate people from large amounts of money. I know you think you got a steal, Harry Polsky, but it’s still not worth it.

Comment by b-hamster
2011-10-28 09:33:08

Yeah, that whole article reads just like an advertisement.

 
 
Comment by Cantankerous Intellectual Bomb Thrower©
2011-10-28 09:16:29

“Sherry Wise, a 53-year-old agricultural economist in Lorton, Va., a suburb of Washington, said she is worried she will have to work well into her 60s and beyond in order to continue paying her mortgage, keep up an investment property in New Mexico and look after her two daughters. ‘The one thing I know is that you can’t count on anything anymore. This economy has gotten so screwed up,’ Wise said.”

I’m guessing nobody put a gun to her head and made her have kids or buy an investment property in New Mexico.

Comment by Arizona Slim
2011-10-28 09:27:10

I’m guessing nobody put a gun to her head and made her have kids or buy an investment property in New Mexico.

I’ll betcha that she thought that investing in property was a no-lose proposition. Then she learned about the “joys” of dealing with tenants. And now, since house prices have gone down so much, she can’t get the price she was wishing she’d get for the place.

In short, this gal is stuck with a money pit in NM.

As for the kids? Well, she may have been a natural mom. With kids that grew into wonderful adults. Then again, maybe not. We just don’t know.

 
 
Comment by doom
2011-10-28 10:26:34

Market now 12k and some companies profits look better. Overall though the picture is fuzzy at best.
If Obama thinks that refi of underwater homes gets him relected I think he needs to rethink his plan?
BTW, my wife and I elected not to have little ones, we are now retired and still feel we did what was right for us in our choice and our life style.

 
Comment by Big V
2011-10-28 16:02:12

Gimme somma that FREE MONEY, ben bernanke. Hahahahahahah!

 
Comment by DennisN
2011-10-29 01:27:16

Ben says that when he and his wife, Lori, were served with a deficiency judgment, there was no way they could pay. They had $5,000 to their name. One hundred and forty thousand was an impossible amount. “I kept running the number through in my head… We were going to be bankrupt.”

In the Jensens’ case, attorney Brian Webb was able to work out a settlement. The couple turned over their savings and agreed to pay $75 each month for three years. They say it doesn’t make sense to them that the bank went through so much effort to recover a total of about $8,000, prolonging the nightmare of their foreclosure. But at least they know that it will be behind them.

StateImpact Idaho contacted Bank of America for comment, but received no response by the given deadline.

Once again deficiency judgments raise their ugly heads. The unfortunate shorthand expression “non-recourse mortgage” glosses over too many loopholes. All mortgages are and remain inherently “fully recourse”: it’s just that some states have limitations on pursuing deficiency judgments. People say things like “California is a non-recourse state”, but this simply isn’t the full truth. What happens in CA is that there are both judicial and non-judicial (administrative) foreclosures. If a lender takes a non-judicial foreclosure on a purchase money mortgage, then they are not permitted to file a suit to recover any deficiency. Yet the borrower is not protected should the lender take a judicial foreclosure, or if the note is from a refi, or if ….. etc. etc. etc.

In the past, people who went into foreclosure generally had no other assets. Lenders took the quick and low-cost non-judicial foreclosure path in this situation. Why pursue a broke borrower?

But with the rise of strategic defaults, where the borrower did this intentionally to preserve their other assets…..lenders may get their acts together and go after these assets.

 
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